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
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; FAYETTEVILLE ;
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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