HomeMy WebLinkAboutOrdinance 5021 i �
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Recorded : 06/29/2007 at 03 : 07 : 07 pry
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Bette 3tamoe Clreult Clerk
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F11e2007-00025132
ORDINANCE NO, 5021 cn
AN ORDINANCE CONCURRING WITH FARMINGTON
ORDINANCE NO. 2007-08, PROVIDING FOR THE VOLUNTARY
DETACHMENT OF CERTAIN LANDS FROM THE CITY OF
FAYETTEVILLE, AND ATTACHING SAID LANDS TO THE CITY
OF FARMINGTON
WHEREAS, seven property owners (Weeks, Anderson, Larsen, Woody, Dorman, Langston and
Dearing) petitioned the Farmington City Council to be annexed into Farmington if the Fayetteville City
Council agreed to detach their property described in Exhibit "A" from Fayetteville; and
WHEREAS, Farmington passed Ordinance 2007-08 on April 9, 2007 which states that if the
Fayetteville City Council votes "for the proposed detachment and annexation ordinance, then a prima
facie case for detachment and annexation (of the property described in Exhibit A) shall be established
and
WHEREAS, the Fayetteville City Council held a public hearing on this subject as required by
A.C.A. § 14-40-201 on May 15, 2007.
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 concurs with
Farmington Ordinance No. 2007-08 providing for the simultaneous detachment from Fayetteville and
annexation into Farmington of that property described in Exhibit "A". nn�nnr„
,. ��R1VTR4'10 .
PASSED and APPROVED this 5 s day of June, 2007. h�6•'GXj Y 0/C� sGp
APPROVED: ATTEST: ; FAYETTEVILLE ; 3
%9sy
ANS
AN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer
EXHIBIT A
DE-ANNEXATION/ANNEXATION-FAYETTEVILLE TO FARMINGTON
A PART OF THE SW 1 /4 OF THE NE 1 /4 OF S15, T16N, R31 W, WASHINGTON COUNTY
ARKANSAS; BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID SW 1 /4 OF THE NE 1 /4; THENCE NO2°38 '07"E 1024.77
FEET; THENCE S87°50'00"E 1296.75 FEET; THENCE S02°28' 18"W 484.70 FEET;
THENCE N87057'44"W 868.22 FEET; THENCE S02°22'58"W 252 FEET; THENCE
S87057'45"E 864.05 FEET; THENCE S02°57'47"W 285.52 FEET; THENCE N87°59'35"W
1294.22 FEET; TO THE POINT OF BEGINNING AND CONTAINING 25.442 ACRES,
MORE OR LESS.
Washington County, AR
I certify this instrumentwas filed on
08/28/2007 03:07:07 PM
and recorded in Real Estate
File Number2007.00025132
BeZfPs
' - Circuit Clerk
by
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7 01W
IS
City of Fayetteville ll��u a , l W7
Staff Review Form � � t � d5 y/pr 7uoZ �
City Council Agenda Items ur 0.CI �rs1LhT dr
or
Contracts &"xcJ 645
6/5/2007
City Council Meeting Date
Tim Conklin Planning and Development Mgt. Operations
Submitted By Division Department
Action Required:
AN ORDINANCE SIMULTANEOUSLY DETACHING 25.44 ACRES FROM THE CITY OF FAYETTEVILLE AND
ANNEXING SAID TERRITORY INTO THE CITY OF FARMINGTON, PURSUANT TO A.C.A. 14-40-2101
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 Budget Adjustment Attached
Previous Ordinance or Resolution #
X6)7
Dep-aMment Dir for Date Original Contract Date:
W [�7 Original Contract Number:
City Attorney Date
Received in it Cl rkD Office
Finance and Internal Service Director Date
Received in Mayor's Office
01
ENiEREU
WA
Mayor Date
Comments:
City Council Meeting of June 5, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, Planning and Development Management Director ,j C,
DATE: May 23, 2007
SUBJECT: AN ORDINANCE SIMULTANEOUSLY DETACHING 25.44
ACRES FROM THE CITY OF FAYETTEVILLE AND ANNEXING
SAID TERRITORY INTO THE CITY OF FARMINGTON,
PURSUANT TO A.C.A. 14-40-2101
RECOMMENDATION
The City Council held the public hearing at the May 15, 2007 City Council meeting
where one resident spoke in favor of the detachment.
The City Council may bring the proposed ordinance up for a vote to concur in the
detachment and annexation at the June 5, 2007 meeting.
BACKGROUND
The property owners have included two additional parcels for a total of seven parcels
(25.44 acres) and have requested to detach from Fayetteville into Farmington.
A.C.A. 14-40-2101 requires the City to conduct a public hearing within 60 days for the
simultaneous detachment of territory from Fayetteville to Farmington. The Fayetteville
City Council held the public hearing on May 15, 2007.
The Farmington City Council passed Ordinance No. 2007-8 to annex seven parcels
containing 25.44 acres at their April 9, 2007 Farmington City Council meeting.
Five of seven parcels were previously voted on by the Fayetteville City Council on
March 20, 2007 and the motion to approve the ordinance failed by 3-4 vote.
The City Council passed Ordinance No. 4923 on September 19, 2006 that annexed
approximately 405.47 acres of land into the City of Fayetteville. At the September 5,
2006 City Council meeting, a small number of property owners requested to be removed
from the proposed annexation. Because this annexation was an "island annexation'
under A.C.A. 14-40-501 , all of the properties between Farmington and Fayetteville city
limits were required to be annexed into Fayetteville.
ORDINANCE NO.
AN ORDINANCE CONCURRING WITH FARMINGTON
ORDINANCE NO. 2007-08, PROVIDING FOR THE
VOLUNTARY DETACHMENT OF CERTAIN LANDS
FROM THE CITY OF FAYETTEVILLE, AND ATTACHING
SAID LANDS TO THE CITY OF FARMINGTON
WHEREAS, seven property owners (Weeks, Anderson, Larsen, Woody, Dorman, Langston and
Dearing) petitioned the Farmington City Council to be annexed into Farmington if the Fayetteville City
Council agreed to detach their property described in Exhibit "A" from Fayetteville; and
WHEREAS, Farmington passed Ordinance 2007-08 on April 9, 2007 which states that if the
Fayetteville City Council votes "for the proposed detachment and annexation ordinance, then a prima
facie case for detachment and annexation (of the property described in Exhibit A) shall be established
and
WHEREAS, the Fayetteville City Council held a public hearing on this subject as required by
A.C.A. § 1440-201 on May 15, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby concurs with
Farmington Ordinance No. 2007-08 providing for the simultaneous detachment from Fayetteville and
annexation into Farmington of that property described in Exhibit "A" .
PASSED and APPROVED this 5 1 day of June, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City Council Meeting of May 15, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody
Fayetteville City Council
FROM : Tim Conklin, Planning and Development Management Director% <:f .
DATE: April 26, 2007
SUBJECT: A PUBLIC HEARING REGARDING THE CITY OF
FARMINGTON'S DESIRE TO ANNEX 25.44 ACRES
CURRENTLY IN THE CITY LIMITS OF FAYETTEVILLE
PUBLIC HEARING
A.C.A. 14-40-2101 requires the City to conduct a public hearing within 60 days for the
simultaneous detachment of territory from Fayetteville to Farmington. Following the
public hearing, the City Council may bring the proposed ordinance up for a vote to
concur in the detachment and annexation at the June 5, 2007 City Council meeting.
The Farmington City Council passed Ordinance No. 2007-8 to detach seven parcels
containing 25.44 acres at their April 9, 2007 Farmington City Council meeting.
Five of seven parcels were previously voted on by the Fayetteville City Council on
March 20, 2007 and the motion to approve the ordinance failed by 34 vote.
BACKGROUND
The property owners have included two additional parcels for a total of seven parcels and
have requested to detach from the Fayetteville to Farmington.
The City Council passed Ordinance No. 4923 on September 19, 2006 that annexed
approximately 405.47 acres of land into the City of Fayetteville. At the September 5,
2006 City Council meeting, a small number of property owners requested to be removed
from the proposed annexation (please see attached minutes). Because this annexation
was an "island annexation" under A.C.A. 14-40-501 , all of the properties between
Farmington and Fayetteville city limits were required to be annexed into Fayetteville.
A.C.A. 14-40-2101 provides a procedure for the simultaneous detachment of territory
from one city and the annexation of such territory into another city's corporate limits.
Tim Conklin - ScanDoc.tff Pa ;1
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Me2007-00014338
ORDINANCE 2007-08
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM THE CITY OF
FAYETTEVILLE AND ANNEXING SAID TERRITORY INTO THE CITY OF FARMINGTON IN
ACCORDANCE WITH ARKANSAS CODE ANNOTATED § 1440-2101
WHEREAS, A.C .A . 514 -40 -2101 provides a procedure for the simultaneous
detachment of territory from one municipality and annexation of such
territory into an adjoining municipality; and
WHEREAS , individual property owners who were recently annexed into the
City of Fayetteville are desirous of being detached from the City of
Fayetteville and annexed into the City of Farmington .
NON, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FARRINGTON, ARKANSAS :
Section 1 . That certain territory presently within the corporate limits
Of the City of Fayetteville is contiguous to and adjoins the City of
Farmington . The City of Farmington hereby calls for the simultaneous
detachment and annexation of the lands that are described in Exhibit "A•
and incorporated herein by reference .
Section 2 . That the- proposed detachment and annexation of lands described
in Exhibit •A• was requested by the property owners within the area
proposed to be detached and annexed .
Section 3 . That a copy of this ordinance shall be sent to the governing
body of the City of Fayetteville . Within sixty ( 60 ) days of the proposal
of this ordinance, the governing body of the City of Fayetteville shall
conduct a public hearing on the proposed detachment and annexation .
Section 4 . That at least fifteen ( 15) days prior to the date of the
public hearing, the Farmington City Clerk shall publish a legal notice
setting out the legal description of the territory proposed to be detached
and annexed .
Section 5 . That at the next regularly scheduled meeting following the
public hearing, the governing body of the City of Fayetteville may bring
the proposed ordinance up for a vote to concur in the detachment and
annexation . If a majority of the total number of members of the
TimConklin - ScanDoc.tif
Fayetteville City Council vote for the proposed detachment and annexation
ordinance, then a prima facie case for detachment and annexation shall be
established, and the City of Farmington shall proceed to render services
to the newly annexed area .
Section 6 . That the decision of the governing bodies of the City of
Farmington and the City of Fayetteville shall be final unless a suit is
brought in the Circuit Court of Washington County within thirty ( 30 ) days
after passage of the ordinance to review the mutual actions of the
governing bodies .
Section 7 . Repealing Clause . All other ordinances and parts of
ordinances in conflict herewith are hereby repealed .
Section S . Severability Clause . In the event any part of this ordinance
is declared inoperative or invalid as a result of a statute or judicial
decision, then only that portion expressly so declared to be inoperative
or invalid shall be affected thereby and all other provisions hereof shall
remain in full force and effect .
Section 9 . Emergency Clause . That the immediate approval of this
ordinance is necessary to con®ence the process of detaching and annexing
certain territory into the municipal limits of the City of Farmington;
therefore, an emergency is hereby declared and this ordinance shall be in
full force and effect from and after its passage and approval .
PASSED AND APPROVED THIS 9th DAY OF April , 2007 .
Ernest L . Penn, Mayor
Attest:
Kelly Tho as , City Clerk
Tim Conklin - ScanDoc.frf
Exhibit A
De-Annexation/Annexation — Fayetteville to Farmington
A part of the SW % of the NE : of S15, ?16N, R3 W. Washington County Arkansas;
being more ]articularly described as: Beginning at the Southwest comer of Said SW '/.
of the NE 9.; thence NO2'38'07"E 1024.77 feet; thence S87'50'00"E 1296.75 feet;
thence S02'28'18"W 484.70 feet thence N87'57'44"W 868.22 feet; thence
S02'22'58"W 252 feet thence S87'57'45"E 864.05 feet; thence S02'57'47"W 285.52
feet; thence N87'59'35"W 1294.22 feet; to the Point of
Acres, more or less. Beginning and containing 25.442
Tim Conklin - ScanD_oc.Gf
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(6.8.07) dance Pearman-Ord. 5021 Page_1]
From: Clarice Pearman
To: Conklin, Tim
Date: 6.8.07 9:42 AM
Subject: Ord. 5021
Attachments: 5021 Detachment of Certain Lands.pdf
CC: Audit; GIS
Tim:
Attached is a copy of the above ordinance passed by City Council, June 5, 2007 regarding the detachment of the certain lands from
Fayetteville. If there is anything else anything else needed please let me know.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Peannan, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coeannanflci.favetteville.ar. us
(6.8.07) dance Pearman - Ord. 5021 page 1 J
From: Clarice Pearman
To: Conklin, Tim
Date: 6.8.07 2:13 PM
Subject: Ord. 5021
CC: Goddard, John
Tim:
If you look at this ordinance I forgot to mention that I did not have a legal description for the land being de -annexed. Please get
me an Exhibit A to attach. I need to file at the county clerk's office and publish. Have a good day.
Thanks.
Clarice
6.8.07 Clarice Pearman - Ord. 5021 Page 1
From: Clarice Pearman
To: Conklin, Tim
Date: 6.8.07 2:10 PM
Subject: Ord. 5021
CC: Goddard, John
Tim:
If you look at this ordinance I forgot to mention that I did not have a legal description for the land being de -annexed. Please get
me a Exhibit A to attach. Have a good day.
Thanks.
Clarice
6.18.07 larice earman - Re: Ord. 5021 Page 1
Tim Conklin
Pearman, Clarice
6.18.07 2:29 PM
Re: Ord. 5021
CC:
Please see attached.
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
Tim:
I am still waiting for you to get Exhibit A legal description of those properties that are being detached from the dty and annexed
into Farmington. Please let me know when I might expect a legal description. I really need to get this filed at the county clerks
office and published.
Have a good day.
Oarice
Clarice Buffalohead-Pearman, CAMC, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
ceearmari ci.fayetteville.ar.us
(8.18.07) Clarice Pearman - rd. 5021 Page 11
From: Clarice Pearman
To: Conklin, Tim; Goddard, John
Date: 6.18.07 3:02 PM
Subject: Ord. 5021
Attachments: 5021 Detachment of Certain Lands Ord.pdf
Gentlemen:
Attached is the complete ordinance detaching the properties from Fayetteville. Please let me know if anything else is needed. Have
a good day.
Thanks.
aarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearmanOci.favetteville ar us
I;
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Nathan Bogart, 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
City of Fayetteville: Ordinance No. 5021
Was inserted in the Regular Editions on:
June 21, 2007
Publication Charge: $84.40
Subscribed and sworn to before me
This day of , 2007.
Notary Public
My Commission Expires:
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
Or`ir
:gal
SEAN -MICHAEL ARCO
Notar Per--Arkanaas
tpr1:>NI'JG
NGGUNTY
nay..-rir,�r„ ._�0;-25-2013
RECEIVED
JUN 2u 2007
CMY OF FAYETTEVILLI=
CITY CLERK'S OFFICE
ThijiayJGne2i,20P7
TH ORDINANCE DETACHMENGNT
WITH RCERTAIN '
TON ORDINANCE NO. 2007-08, PROVIDING FOR
THE VOLUNTARY CETAOFMAYT OF CERTAIN
LANCE FROM •THE CITY OF THECITY OF FARM "ARKAR5
INGroN
MIaAA. aeaen PmWtY ownam (Weeea, Andemm. Lane, 1Wl Donrrn, Langus-
Daanrq) pelltaNd It. Farrnlapmn Chy Couclb be annexed YtF@Wiiia. Ma &Fayepdt
Council agreed to detach mew prop" deecrlpad In 6aloit'A' from rand x
W M. Farminplm paaud Ordnance 2007-08 on Apd % else. that K a
FayaaNb Coy Ccurxxl xotea'br the proposed dsacmaxaid annexation adnYae, den Aqpi��
ladle cre ar detadnn and axaxaam (d to property elated In Ewofr A) e1a be tales
I4ned... d
mast the FayedevIft City Council hold a public harbpn th. at$aaaratpWed by
$ 1H62p1 May 15.2007.
TIaRO, mu IT M DADA w VIN ORt 4 Wile ..ce a
Section 1: That the City Council of the Clly d Feynaille. Mfana dpnan Mh Farro.ip L
an Ordinance No. 2007-08 pmaidirq for the skmManewa detadndlt fran S 4e end amasa(1en
Into Famington of that properly deac lbed in ExxNblt'A'.
11UUD well APPIIOVI this 5th day of Ace, 2007.
APPROVED: ATTEST:
AN OOOD1/, IlaFas OoOIaA L Ob UwIll). wa .
EXHIBIT A
DE-ANNEXATIOWANNEXATION-FAYETTEVILnE TO FAFWAQTON
RECEIVED
JUN25 5 2007
CRY OF FAVE7TEVILLt
CITYCLERICE OFFICE
State of Arkansas
of State
Charlie Daniels
Secretary of State
July 3, 2007
Business & Commercial Services
Elections
Building & Grounds
Communications & Education
State Capitol Police
Business Office
Information Technology
The Honorable Karen Combs Pritchard s �.
ar;
Washington County Clerk ; T
280 North College, Suite 300
Fayetteville, AR 72701
Crttti
Dear Ms. Pritchard:
The Following Information has been recorded and filed in the Office of the Secretai' of
State:
Date: 07/02/2007 County: Washington City: Farmington
Annexation: Ordinance No. - k5124/ '\ rann5 pt a)Co. Order No - 2007-08
Plat -
Election - X--DeAnnexation
Island -
Incorporation: Ordinance No. -
Co. Order No. -
Plat -
Election -
Census Information: The following City or Town has been upgraded or reduced to:
1st Class City
2nd Class City
Incorporated Town
682-3409
682-5070
682-3407
683-0057
682-5173
682-8032
6823411
I
I have forwarded this information to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department. If you have any further questions please do not
hesitate to contact me at 1-800-482-1127 or 682-3451
Sincerely,
Tena Arnold
Election Services Representative
Arkansas Secretary of State
Room 256 State Capitol • Little Rock, Arkansas 72201-1094
501.682-1010 • Fax 501.682.3510
e-mail: arso:s@sos.arkansas.gov • www.sos,arkansas.gov
RECEIVED
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Charlie Daniels
Secretary of State
March 20, 2008
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
State of Arkansas
Secretary of State
Electlons
Building & Grounds
Communications & Education
State Capitol Police
Business Office
Information Technology
Please find enclosed a corrected Annexation originally dated July 2, 2007. The
Ordinance No. was incorrectly entered. I am sorry for any inconvenience this
may cause.
Please do not hesitate to contact me, if I can be of any further help.
�' • �1 ICI
Nancy Crockett
Election Services Representative
Arkansas Secretary of State
501-682-3451
1-800-482-1127
Room 256 State Capitol • Little Rock. Arkansas 72201.1094
501-682-1010 • Fax 501-682-3510
e-mail: arsos@sosmail.state.ar.us • www.sos.arkansas.gov
State of Arkansas
Secretary of State
Charlie Daniels
Secretary of State
March 20, 2008
The Honorable Karen Combs Pritchard
Washington County Clerk
280 North College, Suite 300
Fayetteville, AR 72701
Dear Ms. Pritchard:
Business & Commercial Services
682-3409.
Elections
682-5070
Building & Grounds
682-3407
Communications & Education
683-0057
State Capitol Police
682-5173
Business Office
682-8032
Information Technology
682-3411
The Following Information has been recorded and filed in the Office of the Secretary of
State:
Date: 07/02/2007 County: Washington City: Farmington
Annexation: Ordinance No. - 5021
County Order No.--- 2007-08
Plat -
Election - X--DeAnnexation
Island
Incorporation: Ordinance No. -
Co. Order No. -
Plat -
Election -
Census Information: The following City or Town has been upgraded or reduced to:
1st Class City -
2nd Class City -
Incorporated Town -
I have forwarded this informa jon to the Arkansas Municipal League and the Arkansas
Highway and Transportation Department and the Arkansas State Data Center. If you have any
further questions please do not hesitate to contact me at 1-800-482-1127 or 682-3451
Sincerely,
NancyCroctht
Election Services Representative
Arkansas Secretary of State
Room 256 State Capitol • Little Rock, Arkansas 72201.1094
e-mail: arsos@sosmail.state.ar.us • www.sos.arkansas.gov