HomeMy WebLinkAboutOrdinance 5012 ORDINANCE NO. 5012
AN ORDINANCE . TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 20- Quarry Trace Commons Subdivision Infrastructure Project 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; 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 THE
CITY 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. 20- Quarry Trace Commons Subdivision Infrastructure Project 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.
Page 2
Ord. 5012
Section 2 : The following three individuals are hereby appointed as commissioners of said
improvement district: John Nock, Steve Aust and Ryan Thornton
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 20- Quarry Trace Commons Subdivision
Infrastructure Project.
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. 011111"11re,,
ERWTRs,,
PASSED and APPROVED this 15` day of May, 2007. ��TY Oc• Gp�:
; FAYETTEVILLE •
APPROVED: ATTEST: -=9s 9RK `:Pc'J`�:�
y AN p
nuuuuu��
By: By:
DAN COODY, Mayor SOND E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
SURVEYED DESCRIPTION:
A PART OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY (20), TOWNSHIP
SIXTEEN ( 16) NORTH, RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY
DESCRIBED AS COMMENCING AT THE WEST QUARTER (W1 /4) OF SAID SECTION 20 AND
CONTINUING THENCE S87°22"E 1312.96 TO THE SOUTHEAST CORNER OF THE SOUTHWEST
QUARTER (SWI/4) OF THE NORTHWEST QUARTER (NW1 /4); SAID POINT BEING THE POINT
OF BEGINNING; THENCE N87°22'31 "W 381 .99 FEET TO A POINT ON THE SOUTHERN
BOUNDRY OF SAID (NW1 /4); THENCE LEAVING SAID BOUNDRY NO2°40'06"E 1791 .46 FEET
TO A FOUND IRON PIN; THENCE N62°08 ' 56"E 246. 16 FEET TO A FOUND IRON PIN; THENCE
N53032' 58"E 213 . 11 FEET TO A FOUND IRON PIN ON THE EAST BOUNDARY OF THE (NW 1 /4)
OF THE (NW1/4) OF SAID SECTION 20; THENCE S02°32 '245'W 664.64 FEET TO A POINT ON
THE WEST BOUNDARY OF THE (NEI /4) OF THE (NWI /4); THENCE S87° 16' 57"E 448.50 FEET
TO A FOUND IRON PIN; THENCE S02°41 '09"W 1385 .27 FEET TO THE SOUTH BOUNDARY OF
THE NORTHWEST (NW 1 /4) OF SAID SECTION 20; THENCE N87°22 ' 31 "W 444.97 FEET TO THE
POINT OF BEGINNING, CONTAINING 30.872 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
LESS & EXCEPT: THE AREA WITHIN THE HIGHWAY RIGHT OF WAY FOR ARKANSAS 16
HIGHWAY ALONG THE SOUTHERN BOUNDARY OF THE AFORE SAID TRACT OF LAND,
CONTAINING 0.985 ACRES, MORE OR LESS.
AREA LESS ARKANSAS HIGHWAY TRANSPORTATION DEPARTMENT RIGHT OF WAY
CONTAINING, 29.887 ACRES, MORE OR LESS.
® ` sl r/ort
VVY ev -TMAVJWA 20
To I �/cj
113 West Mount n
��� Fayetteville, AR 72701
AY K 2 4 2UU Telephone: (479) 575-8323
Fax: (479) 718-7695
CrrgOR'S OFFICE
city—derk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
April 24, 2007
Honorable Dan Coody, Mayor
City Administration Building
1 ] 3 W. Mountain
Fayetteville, AR 72701
RE: Petition to form Fayetteville Municipal Property Owners'
Improvement District No. 20
Quarry Trace Commons Subdivision Infrastructure Project
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. 20 — Quarry Trace Commons Subdivision Infrastructure Project 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,
Sondra E. Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
James N. McCord
JAMES N. McCORD RECPeVE®
14ttomeyatLaw APR 2 4. 2007
2446 ST. JAMES PLACE
FAYETTEVILLE, ARKANSAS 72701 CITY OFFAYE MVIILE
CnYCLER=OFFICE
TELEPHONE (479) 695-1134
FACSIMILE (479) 521-6733
ii mmccordlaw2Malltel. net
April 23, 2007
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. JA' Quarry Trace Commons Subdivision Infrastructure Project
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. 20- Quarry Trace Commons Subdivision Infrastructure Project. Please file
mark each Petition, retain one for the City' s permanent file and for presentation to the
Mayor, and return the other counterparts 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. 0
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.
ft
(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, for filing in the office of the City Clerk, is an executed Title Company
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.
Quarry Trace Commons will have 114 lots on 29.887 acres located on Huntsville
Road.
Should there be any questions, please contact me.
Sincerely,
aures N. McCord
pc: Hon. Dan Coody, Mayor
Kit Williams, City Attorney
ORDINANCE NO,
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 20- Quarry Trace Commons Subdivision Infrastructure Project 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; 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 THE
CITY 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. 20- Quarry Trace Commons Subdivision Infrastructure Project for the
purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks,
recreation, drainage, gas pipelines, underground trenches and excavations necessary Lfor 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
, i
Section 2: The following three individuals are hereby appointed as commissioners of said
improvement district: , John Nock, Steve Aust and Ryan Thornton
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 20- Quarry Trace Commons Subdivision
Infrastructure Project.
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
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 20m QUARRY TRACE COMMONS
SUBDIVISION INFRASTRUCTURE PROJECT
TITLE COMPANY CERTIFICATE OF PROPERTY OWNERSHIP
Lenders Title Company hereby certifies that the deed records in the office
of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas,
reflect that the following is the owner of the record title to all of the real property
described in Exhibit "A" to the Petition to Form Fayetteville Municipal Property
Owners' Improvement District No. 20 — Quarry Trace Commons Subdivision
Infrastructure Project, a copy of which Exhibit "A" is attached hereto and made a
part hereof:
Nock Investments, LLC
DATED this 23rd day of April , 2007.
LENDERS TITLE COMPANY
By:�ii
AUTHORIZED REPRESENTATIVE
mcvVED
APR 2 4 2007
CITY OF FAYETTEVILLL
CITY CLERKS OFFICE
NOTICE
YOUR SIGNATURE HEREON SHOWS THAT
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 CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE COMMONS
SUBDIVISION INFRASTRUCTURE PROJECT
For its petition to form Fayetteville Municipal Property Owners'
Improvement District No. 20- Quarry Trace Commons Subdivision Infrastructure
Project, the undersigned 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 that 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 at seq. for the purpose of constructing, purchasing, accepting as a gift
RECEIVED
APR 2 2007
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
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.
3. Petitioners desire that 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.
4. Petitioners name the following three individuals, pursuant to Ark. Code
Ann. 14-94-105(a)(2)(B), as designated representatives of Petitioner to be
appointed as commissioners of the district: John Nock, Steve Aust and Ryan
Thornton.
5. Petitioners propose that the name of the district be Fayetteville
Municipal Property Owners' Improvement District No. 20- Quarry Trace
Commons Subdivision Infrastructure Project.
WHEREFORE, the undersigned Petitioner hereby petitions the City
Council of Fayetteville Arkansas to adopt an ordinance establishing and laying off
the real property described in Exhibit "A" attached hereto and made a part hereof
into Fayetteville Municipal Property Owners' Improvement District No. 20- Quarry
Trace Commons Subdivision Infrastructure Project 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
electricity and telephone distribution systems, sanitary sewers, streets including
curbs and gutters, and sidewalks, together with facilities related to any of the
foregoing, or for more than one of those purposes.
DATED this 23rd day of April, 2007.
NockIn s me ts, C
An A ns s it is ilit company
By:
Joh ck, Mana ing Member
EXHIBIT "A"
SURVEYED DESCRIPTION:
A PART OF THE NORTHEWEST QUARTER (NW1/4) OF SECTION TWENTY (20),
TOWNSHIP SIXTEEN (16) NORTH, RANGE TWENTY --NINE (29) WEST, MORE
PARTICULARLY DESCRIBED AS COMMENCING AT THE WEST QUARTER (W1/4)
OF SAID SECTION 20 AND CONTINUING THENCE S87°22"E 1312.96 TO THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW1/4) OF THE
NORTHWEST QUARTER (NW1/4); SAID POINT BEING THE POINT OF BEGINNING;
THENCE N87°22'31 "W 381.99 FEET TO A POINT ON THE SOUTHERN
BOUNDRY OF SAID (NW1/4);
THENCE LEAVING SAID BOUNDRY NO2°40'06"E 1791.46 FEET TO A
FOUND IRON PIN;
THENCE N62°08'56"E 246.16 FEET TO A FOUND IRON PIN;
THENCE N53°32'58"E 213.11 FEET TO A FOUND IRON PIN ON THE EAST
BOUNDARY OF THE (NW1/4) OF THE (NW1/4) OF SAID SECTION 20;
THENCE S02 °32'24"W 664.64 FEET TO A POINT ON THE WEST
BOUNDARY OF THE (NE1/4) OF THE (NW1/4);
THENCE S87°16'57"E 448.50 FEET TO A FOUND IRON PIN;
THENCE S02°41'09'W 1385.27 FEET TO THE SOUTH BOUNDARY OF
THE NORTHWEST (NW1/4) OF SAID SECTION 20;
THENCE N87°22'31' W 444.97 FEET TO THE POINT OF BEGINNING,
CONTAINING 30.872 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS.
LESS & EXCEPT.: THE AREA WITHIN THE HIGHWAY RIGHT OF WAY FOR
ARKANSAS 16 HIGHWAY ALONG THE SOUTHERN BOUNDARY OF THE AFORE
SAID TRACT OF LAND, CONTAINING 0.985 ACRES, MORE OR LESS.
AREA LESS ARKANSAS HIGHWAY TRANSPORTATION DEPARTMENT RIGHT OF
WAY CONTAINING, 29.887 ACRES, MORE OR LESS.
RECEIVED
MAY 0 8 2007
CITY OF FAYETTEVIL,LE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT CITYCLERKSOFFII
DISTRICT NO. 20 - QUARRY TRACE COMMSONS SUBDIVISION
INFRASTRUCTURE PROJECT
COMMISSIONER'S OATH OF OFFICE
I, JOHN NOCK, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE PROJECT HEREBY SWEAR
TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE
CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE
FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER,
AND TO NOT BE INTERESTED, DIRECTLY ORANpIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EaEPTT U HEE APPROVAL OF ALL
THE OWNERS OF REAL PROPER NI , , `E ISTkIC
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the day of May, 2007, before me, the undersigned
notary public, personally appeared John Nock, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunt set my hand and official seal.
O ARY PU IC
SEAL
OFFICIAL SEAL
JENNIFER D. ELLISON
NOTARY PUBLIC-
ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 06-29-10
RECEIVED
MAY 0 8 2007
CITY OF FAYETTEVILLE
TT FAYEEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMEN1WITMCLERKSOFFIcr
DISTRICT NO. 20 - QUARRY TRACE COMMSONS SUBDIVISION
INFRASTRUCTURE PROJECT
COMMISSIONER'S OATH OF OFFICE
I, STEVE AUST, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE PROJECT HEREBY SWEAR
TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE
CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE
FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER,
AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERTY IN THE DISTRICT.
T VE AUST
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the_l day of May, 2007, before me, the undersigned
notary public, personally appeared Steve Aust, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto et my hand pnd official seal.
N Y PUBL
SEAL
OFFICIAL SEAL
JENNIFER D. ELLISON
NOTARY PUBLIC -ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES: 06-28-10
RECEIVED
MAY 08 2007
CITY CF FAYETTEVILLE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENTCITYCLERKS0FFiCE
DISTRICT NO. 20 - QUARRY TRACE COMMSONS SUBDIVISION
INFRASTRUCTURE PROJECT
COMMISSIONER'S OATH OF OFFICE
I, RYAN THORNTON, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE PROJECT HEREBY SWEAR
TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE
CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE
FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER,
AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERWIN-THE DISTRICT.
NTON
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this the 14 day of May, 2007, before me, the undersigned
notary public, personally appeared Ryan Thornton, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunt? set my hand and o Ficial seal.
OFFICIAL SEAL
J�IFER D. ELLISON
N UBLIC-ARKANSAS
WASHINGTON COUNTY
MY COMMISSION EXPIRES'. 06-29-10
(5/712007) Lisa Branson - Ord 5O12 Page 1
From: Lisa Branson
To: McCord, Jim
Date: 5/7/2007 11:51 AM
Subject: Ord 5012
Attachments: Ord 5012 Imp Dist No. 20 Quarry Trace Commons.pdf
CC: Audit; Smith, Sondra
Jim,
Attached is a
copy of Ordinance 5012
that was passed by City Council May 1, 2007.
If anything
else is needed just let me
know. Have a
great day!
Lisa
Lisa Branson
City of Fayetteville
City Clerk's Division
113 W Mountain
Fayetteville, AR 72701
(479) 575-8323
lbranson@ci.fayetteville.ar.us
YI
NORTHWEST ARKANSAS EDITION'.
• a A
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
ORDINANCE ed in l 5 12
Editions:
inserted in the Regular Editions:
May 14, 2007
Publication Charge: $142.43
Subscribed and sworn to before me
This 10"ay of ntJ n y , 2007.
Notary Public
My Commission Expires:
o? -as' aOl�
Do not pay from Affidavit, an invoice will be sent
Official Seal
SEAN -MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07-25-2013
RECSZVED
MAY 16 2007
CITY CLERK'S 0FFIE
• ORDINANCE NO. 5012
AN ORDINANCE TO ESTABLISH AND -LAY OFF Tavyere;l�e
AN ORDINAN MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 20- QUARRY TRACE
COMMONS SUBDIVISION INFRASTRUCTURE
PROJECT ARKANSAS'S[
WHEREAS, a Petition to form Fayetteville a
Municipal Property OwnersImprovement District No, 20- Quarry Trace Cantons Subdivialoo
Infrastructure Project has been filed with the Fayetteville City Clerk; and
WHEREAS, the City Clerk has presented said petition to the Mayor; and ,T
WHEREAS, the Mayor has set May 1. 2007, at 6:00 p.m., as the date and time tor a hearing before
the Fayetteville City Council for consideration of said petition; and
WHEREAS, the Fayetteville City Council has determined cram an abstracter's certificate of proper-
ty ownership that those signing the petition constitute all the owners of the real property to be loyal -
ad In the district: and F f A
WHEREAS, the Arkansas Municipal Property Owners' Improvement District Low provides at Ark.
Code Mn, 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 fa 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 petillon.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: . 1',
Section 1: That the real property described in Exhibit A- attached hereto and made a part hereof
is hereby established and laid an as Fayetteville Municipal Property Owners' Improvement District
No. 20- Quarry Trace Commons Subdivision Infrastructure Project 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 uulitlesor
municipal utilities of electric and telephone distribution systems, sanitary sewers, streets and-Mpgh-
ways including curbs and gutters, and sidewalks, together with facllltie9 related to any of the/ore-
going, or for more than one of those purposes. `1_•
Section 2: The following three individuals are hereby appointed as cantssloners of said impr�ye-
ment district: John Nock, Steve Aust and Ryan Thornton
Sector 3: The name of said improvement district shall be Fayetteville Municipal Property Owners'
Impmvenrent District No, 20- Quarry Trace Commons Subdivision Infrastructure Project.
Section 4: The district shag 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 operat-
ing the improvements, replacing equipment, paying salaries to employees, and performing any other
functions or services aulhalzod in Ark. Code Mn.. Title 14, Chapter 94. r
PASSED and APPROVED this 1st day of May. 2007. h
APPROVED: • - ATTEST:
AN COODY, Mayor SONDRA IL SMITH, City CMit/haannw '
EXHIBIT'A' ,r
SURVEYED DESCRIPTION:
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION TWENTY (20), TOWNSHIP SIXTEEN
(16) NORTH. RANGE TWENTY-NINE (29) WEST, MORE PARTICULARLY DESCRIBED AS COM-
SAID POINT BEING THE POINT
TO A FOUND IRON PIN: THENCE NS3'32'56'E
EAST BOUNDARY OF THE (NW 1/4) OF THE (NW16
FEET TO A FOUND IRON PIN;
502'410987 1385.27 FEET TO THE
SECTION 20; THENCE N872231"W
30.872 ACRES, MORE OR LESS, FA)
ALONG THE SOUTHERN BOUNDARY OF THE AFORE SAID TRACT OF LAND, CONTAIP
ACRES, MORE OR LESS.
AREA LESS ARKANSAS HIGHWAY TRANSPORTATION DEPARTMENT RIGHT OF WAY
ING. 29.687 ACRES, MORE OR LESS.
RECEIVE®
MAY 16 2007
CITY OF FAYETTEVILLE
CITY CLERIKS OFFICE
47( /
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 20 - QUARRY TRACE COMMONS SUBDVSION
INFRASTRUCTURE PROJECT
ASSESSOR'S OATH
I, Lynn Gregson, Assessor for Fayetteville Municipal Property Owners'
Improvement District No. 20 — Quarry Trace Commons Subdivision
Infrastructure Project hereby swear that I will well and truly assess all benefits
that will accrue to the landowners of the District by reason of the improvements.
State of Arkansas
((�� ✓LM )ss.
County of 1�J shlnptnL )
On the 7 day of July, 2007, before me, the undersigned notary
public personally appeared Lynn Gregson, known to me, (or satisfactorily proven)
to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Not Public
JACKIE D. SEAL :EX
Y COMMISSION M 12Ng5aPIRES: February 16, 2017
BeL4c County
RECEIVED
JUL12 2 2007
CITY OF FAYETTEVILLI
—J „'— CITYCLERK'R OF='C'.'
J
RECEIVED
NOV 202007
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT
NO. 20- QUARRY TRACE COMMONS SUBDIVISION INFRASTRUCTURE
PROJECT
ASSESSMENT OF BENEFITS
(Phase 1)
Prepared by: Lynn Gregson, District Assessor
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 20 — QUARRY TRACE COMMONS
Phase I
61 LoVUmI ,
Designation
Assessed Value
°f Lands Pnor to
Im rovement i
P
Assessed Value of
s Lands After
r
Im ovement
? ,�...,
", .,
Assessed Benefits
-
Assessed
Damages :
9
Estimated Cost
..
Associated with
Infrastructure :.
Annual -
Collections
Owner of Record
1
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
2
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
3
$ 4.000
$ 39,900
$ 35.900
$ -
$ 28,787
Nock Investments, LLC
4
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
5
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
6
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
7
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
8
$ 4,000
$ 39,900
$ 35,900
$ -
$ 28,787
Nock Investments, LLC
9
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
10
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
11
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
12
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
13
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
14
$ 3,136
$ 39.900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
15
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
16
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
17
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
18
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
19
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
20
$ 3,136
$ 39,900
$ 36,764
$ -
$ 29,480
Nock Investments, LLC
21
$ 5,455
$ 39,900
$ 34,445
$ -
$ 27,621
Nock Investments, LLC
22
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
23
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
24
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
25
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
26
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
27
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
28
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
29
$ 4,455
$ 39,900
$ 35.445
$ -
$ 28,423
Nock Investments, LLC
30
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
31
$ 4,455
$ 39.900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
32
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
33
$ 3,500
$ 39,900
$ 36,400
$ -
$ 29,188
Nock Investments, LLC
34
$ 3,500
$ 39,900
$ 36,400
$ -
$ 29,188
Nock Investments, LLC
35
$ 3,500
$ 39,900
$ 36,400
$ -
$ 29,188
Nook Investments, LLC
36
$ 3,500
$ 39,900
$ 36,400
$ -
$ 29,188
Nock Investments, LLC
37
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
38
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
39
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
40
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
41
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
42
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
43
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
44
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
45
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
46
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
47
$ 4,455
$ 39,900
$ 35,445
$ -
$ 28,423
Nock Investments, LLC
48
$ 5,455
$ 39,900
$ 34,445
$ -
$ 27,621
Nock Investments, LLC
49
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
50
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
51
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
52
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
53
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
54
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
55
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
56
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
57
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
58
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
59
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
60
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
61
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
62
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
63
$ 4,773
$ 39,900
$ 35,127
$ -
$ 28,167
Nock Investments, LLC
64
$ 4,773
$ 39,900
$ 35,127
$
$ 28,167
Nock Investments, LLC
65
$ 5,682
$ 42.900
$ 37,218
$ -
$ 29,844
Nock Investments, LLC
66
$ 5,682
$ 42,900
$ 37,218
$ -
$ 29,844
Nock Investments, LLC
Ti
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T2
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
1 of 2
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 20 - QUARRY TRACE COMMONS
Phase I
�Lot/Unit
Designation
Assessed Value
of Lends Prior to
—
Improvement .
Assessed Value o
? Lands After i
t�lmprovement
° - : °
Assessed Benefits
. Assessed
> Damages '-
" Estimated Cost.
Associated with
Infrastructure'
Annual
Collections
Owner of Record
T3
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T4
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Neck Investments, LLC
T5
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T6
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T7
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T8
$ 1,500
$ 34,000
$ 32.500
$ -
$ 26,061
Nock Investments, LLC
T9
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T10
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T11
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T12
$ 1,500
$ 34.000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T13
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T14
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T15
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T16
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T17
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T18
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T19
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T20
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T21
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T22
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T23
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T24
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T25
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T26
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T27
$ 1,500
$ 34,000
$ 32,500
$ -
$ 26,061
Nock Investments, LLC
T28
$ 1,500
$ 35,000
$ 33,500
$ -
$ 26,863
Nock Investments, LLC
T29
$ 1,500
$ 35,000
$ 33,500
$ -
$ 26,863
Nock Investments, LLC
T30
$ 1,500
$ 35,000
$ 33,500
$ -
$ 26,863
Nock Investments, LLC
T31
$ 1,500
$ 35,000
$ 33,500
$ -
$ 26,863
Nock Investments, LLC
T32
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments, LLC
T33
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments, LLC
T34
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments. LLC
T35
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments, LLC
T36
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments, LLC
T37
$ 1,500
$ 36,000
$ 34,500
$ -
$ 27,664
Nock Investments, LLC
PH -1
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -2
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -3
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -4
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -5
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -6
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -7
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -8
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -9
$ 2,386
$ 33,000
$ 30.614
$ -
$ 24,548
Nock Investments, LLC
PH -10
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -11
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -12
$ 2,386
$ 33,000
$ 30.614
$ -
$ 24,548
Nock Investments, LLC
PH -13
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PFI-14
$ 2,386
$ 33,000
$ 30,614
$ -
$ 24,548
Nock Investments, LLC
PH -15
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -16
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -17
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -18
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -19
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -20
$ 4,091
$ 33,000
$ 28,909
$ -
$ 23,181
Nock Investments, LLC
PH -21
$ 4,091
$ 33,000
$ 28.909
$ -
$ 23,181
Nock Investments, LLC
PH -22
$ 1.500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -23
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -24
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -25
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -26
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -27
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -28
$ 1,500
$ 34,500
$ 33,000
$ -
$ 26,462
Nock Investments, LLC
PH -29
$ 1,500
$ 34.500
$ 33,000
$ -
$ 26,462
Nock Investments. LLC
Total Assessed Benefits: $ 4,472,582 Total Cost $ 3,586,423 $ -
2 oft
City Council Agendas
Final Agenda
Tentative Agenda
Final Agenda with Results
City Attorney Ordinance and Resolution Memo
Roll Call Sheets
Items Added to the City Council Agenda at the Council Meeting
Additional Information Handed Out at the City Council Meeting
Signed City Council Minutes that were Approved at the City Council Meeting
Tentative Agenda that was Changed at Agenda Session
Tentative Agenda that was Changed at the Pre -Agenda Meeting
Emails or Other Miscellaneous Information
Copy of the Newspaper Publication
Affidavit of Publication