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Home My WebLink AboutOrdinance 5021 i � Roc I0 : 011308580002 TVDe ; qEL Recorded : 06/29/2007 at 03 : 07 : 07 pry Fee Amt : $11 . 00 page 1 00 2 Naehinoton County , qR Bette 3tamoe Clreult Clerk N 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 'J 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 I��I�IIMIA1111111 Moo lydM: Ot/107% ]]$ t]Of�YYpOQI PMPM FN Mt : $17.00 P�a� 1 0] 1 Yuhlnaton County. M 89tts Stuns Clrealt Cork 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 Pa e 4 D= Q ' eD € � y 8 � y Mwnsw.,,b I �'4 a n F �a+roea F i e � ? N n y F 1 F A � $ a F Y x n,a<. ns+r•... F � F ii A 3 eAw•s s W ADM07-2571 MICHELLE WEEKS One Mile View ----- _ r +z 1 SUBJECT PROPERTY Rsr-, --- i ; - z _r— : 3 i i RSFn j r � C 1 1 I RSF.+ _ 1 � I 12 i ! � �i dd Overview _ Legend Boundary • Subject Property Nfti Plaming Area ®ADM07-2571 0o Overlay District ooc El. EJOulsiee city Legend Hillside-Hilltop Ot eday District 0 0 . 25 0 . 5 1 les 2571 ADMO7-vim ClMICHELLE WEEKS Close Up View ff i SUBJECT PROPERTY Ir � a IL o ■ i rew. , e.... 0 75 iso 900 450 600 Fedi