HomeMy WebLinkAboutOrdinance 5032 ORDINANCE NO. 5032 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 19 — OAKBROOKE, PHASE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I 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 July 3, 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. 19- Oakbrooke, Phase I 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. 1 Page 2 Ord 5032 Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Tracy K. Hoskins, L. Celeste Hoskins and Glenda J. Harp. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I 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 P day of July, 2007. APPROVED: ATTEST: By: By DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer o "n KIT R'",,,. X 9 S Y p�SLp' FAYETTEVILLE : 2 EXHIBIT "A" LEGAL DESCRIPTION - OAKBROOKE PHASE I A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE FRACTIONAL SECTION 1 , TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2017'42"E 1069. 16 FEET; THENCE S87°49'42"E 428.22 FEET; THENCE S87009' 15 "E 271 .79 FEET; THENCE S02° 17'42"W 385 .47 FEET; THENCE S87°42' 18"E 115 .00 FEET; THENCE S02017'42"W 452.00 FEET; THENCE S87042' 18"E 109.00 FEET; THENCE S81031 '56"E 50.29 FEET; THENCE S87010'33 "E 118.38 FEET; THENCE S02049'27"W 173 .53 FEET: THENCE S87° 10'42"E 254.30 FEET; THENCE S25022'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87010'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.882 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 3 ORDINANCE NO, 5032 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 19 — OAKBROOKE, PHASE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I 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 July 3, 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. 19- Oakbrooke, Phase I 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. 1 Page 2 Ord 5032 Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Tracy K. Hoskins, L. Celeste Hoskins and Glenda J. Harp. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I Subdivision Infrastructure Proj ect. 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 3`a day of July, 2007. APPROVED: ATTEST: By: By: t �14tlNe DAN COODY, Mayor S NDRA E. SMITH, City Clerk/Treasurer `,1111p11 l /illy ri ; FAYETTEVILLE ; �%ys'-9RKANSP� �. J N o ''�.; cross �,,,`• � R(IONpi11 2 EXHIBIT "A" LEGAL DESCRIPTION - OAKBROOKE PHASE I A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE 1 /4) OF THE FRACTIONAL SECTION 1 , TOWNSHIP SIXTEEN ( 16) NORTH, RANGE THIRTY ONE (31 ) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2017'42"E 1069. 16 FEET; THENCE S87°49'42"E 428 .22 FEET; THENCE S87009' 15"E 271 .79 FEET; THENCE S02° 17'42"W 385 .47 FEET; THENCE S87°42' 18"E 115.00 FEET; THENCE S02° 17'42"W 452.00 FEET; THENCE S87°42' 18"E 109.00 FEET; THENCE S81031 '56"E 50.29 FEET; THENCE S87° 10'33"E 118.38 FEET; THENCE S02049'27"W 173.53 FEET: THENCE S87° 10'42"E 254.30 FEET; THENCE S25°22'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87010'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.882 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 3 City of Fayetteville Staff Review Form City Council Agenda Items or n Contracts i�e,ney� �ISt�L' 0e . July 3, 2007 VAbAAU� City Council Meeting Date Sondra Smith/Amber Wood City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke, Phase 1 Subdivision Infrastructure Project. 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 James N. McCord 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 NIA Previous Ordinance or Resolution # Department Director �,�$„y,,�� ate � Original Contract Date: Original Contract Number: City A orney Date Received in Citf Clerk's qffice ENTERED 4wsl, Financ and Internal Service Director Da e Received in Mayor's Office Mayor Date Comments: Rye eve RECEIVED JUN 2 6 2007 113WestMountain ARKANSAS Fayetteville, AR 72701 CITY OF FAYE'I"TEVILLE MAYOR'S OFFICE Telephone: (479) 575-8323 Fax: (479) 718-7695 city—clerk@ci.fayetteville.ar.us City Clerk(freasurer Division June 26, 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. 19 Oakbrooke, Phase 1 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. 19 — Oakbrooke, Phase 1 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. � Siinnc�eel Sincerely, &k I Amber Wood Deputy City Clerk cc: Kit Williams, City Attorney James N. McCord JAMES N. McCORD Attorney at Law 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 521 -6733 iimmccordlaw(d)alltel. net June 25, 2007 Sondra Smith Fayetteville City Clerk City Administration Building 113 W. Mountain Street Fayetteville, AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners Improvement District No. 19- Oakbrooke Subdivision Project Dear Ms. Smith, On April 6, 2007, I filed in the office of the Fayetteville City Clerk a petition to form Fayetteville Municipal Property Owners Improvement District No. 19- Oakbrooke Subdivision Project. That petition is hereby withdrawn. Sincerely, plo � � ames N. McCord cc: Kit Williams, City Attorney RECFlVED JUN 2 ti 2001 CIN OF FAYETTEV' CIT' CLERK' OP - JAMES N. McCORD At" at caw 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 521 -6733 iimmccordlawAalltel.net June 25, 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. 19- Oakbrooke, Phase ISubdivision 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. 19- Oakbrooke, Phase I 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. 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. RECEIVED JUN 2 U 2001 CITY OF FAYETTEVILLE CITY CLERK'S CFKICE (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. as ► (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 Abstracter's 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. Oakbrooke, Phase I will have 68 lots on 20.882 acres located adjacent to the west side of Rupple Road north of Wedington Drive. Should there be any questions, please contact me. Sincerely, / 7� loyeGSG0, James 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. 19 — OAKBROOKE, PHASE I SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I 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 July 3, 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. 19- Oakbrooke, Phase I 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. 1