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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