HomeMy WebLinkAboutOrdinance 5097 ORDINANCE NO, 5097
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 22 — HOLCOMB HEIGHTS,
PHASE I SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 22 — Holcomb Heights, 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 January 3, 2008, 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 a title company
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. 22 — Holcomb Heights, 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
1
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.
Section 2: The following three individuals are hereby appointed as commissioners of
said improvement district: John C. Nock, Hank D. Broyles and Alexander F. Broyles.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 22- Holcomb Heights, 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 purposes authorized in Ark.
Code Ann., Title 14, Chapter 94.
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PASSED and APPROVED this 3rd da of Jan 2008. R • fq
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APPROVED: ATTEST: : FAYETTEVILLE;
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By: By: �.�KLYI d".., _&
DA COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
2
EXHIBIT "A"
HOLCOMB HEIGHTS PHASE I
BOUNDARY DESCRIPTION
A PART OF THE NWI /4 OF THE NWI /4 OF SECTION 32, TOWNSHIP- 17-NORTH,
RANGE-30-WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF
SAID NWI/4 OF THE NWI/4 AND RUNNING THENCE N87036120"W, ALONG THE
SOUTH LINE OF SAID NWI/4 OF THE NWI/4 662.41 FEET; THENCE NO3° 10'04"E,
821 .23 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD NO. 94
(WEIR RD.); THENCE N79°45'52"E ALONG THE CENTERLINE OF SAID WASHINGTON
COUNTY ROAD NO. 94 310.95 FEET; THENCE N79°45'52"E, ALONG THE CENTERLINE
OF SAID WASHINGTON COUNTY ROAD NO. 94 355.92 FEET TO A POINT ON THE
EAST LINE OF SAID NWI/4 OF THE NWI/4 THAT IS 353.33 FEET S02021 ' 10"W, FROM
THE NE CORNER OF SAID NWI /4 OF THE NWI/4; THENCE S02°21 ' 10"W, ALONG THE
EAST LINE OF SAID NWI/4 OF THE NWI/4 966.95 FEET TO THE POINT OF
BEGINNING, CONTAINING 13.47 ACRES, MORE OR LESS.
BASIS OF BEARINGS
ARKANSAS STATE PLAN COORDINATES, NORTH ZONE.
GEODETIC NORTH, NAVCOM GPS UNIT.
REFERENCE MONUMENT K-9 LOCATED AT
N 654044.8309 E 664251 .7679 EL. 1201 .38
REFERNCE DOCUMENTS
1 . PROPERTY LINE ADJUSTMENT - FILED FOR BROYLES COMMERCIAL FUNDING,
LLC WASHINGTON COUNTY, ARKANSAS AS 2005-57019
2. WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2003-34096.
3 . WARRANTY DEED, WASHINGTON CO. AR. FILED AS 958-892
4. WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2005-40736
5. WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2005-52483
3
' RECEIVED
DEC 2 6 2007
CITY OF FAYETTEVILLE
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSARTMCLERKS OFFICE
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 22- HOLCOMB HEIGHTS, PHASE 1
SUBDIVISION INFRASTRUCTURE PROJECT
TITLE COMPANY CERTIFICATE OF PROPERTY OWNERSHIP
Heritage Land Title of Arkansas, Inc. 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. 22— Holcomb Heights, Phase 1
Subdivision Infrastructure Project, a copy of which Exhibit "A" is attached hereto
and made a part hereof:
Broyles Commercial Funding , LLC
ro
DATED this !'�O day of December, 2007.
Heritage Land Title of Arkansas, Inc.
By.
AtWHORI&D REPRESENTATIVE
Exhibit "A"
Holcomb Heights phase i
BOUNDARY DESCRIPTION
A part of the NW1/4 of the NW1/4 of Section 32, Township- l7- North ,
Range- 30-West, Washington County, Arkansas, and being more particularly
described as follows : Beginning at the SE corner of said NW1/4 of the
NW1/4 and running thence N87036' 20 "W, along the South line of said
NW1/4 of the NW1/4 662 . 41 feet; thence NO3010' 04" E, 821 . 23 feet to a
point in the center of Washington County Road No . 94 (Weir Rd . ) ; thence
N79045 ' 52" E along the centerline of said Washington County Road No . 94
310 . 95 feet; thence N79045' 52" E , along the centerline of said Washington
County Road No . 94 355 . 92 feet to a point on the East line of said NW1/4 of
the NW1/4 that is 353 . 33 feet S02021 ' 10"W, from the NE corner of said
NW1/4 of the NW1/4 ; thence S02021 ' 10"W, along the East line of said
NW1/4 of the NW1/4 966. 95 feet to the point of beginning , containing 13 . 47
acres, more or less .
BASIS OF BEARINGS
ARKANSAS STATE PLAN COORDINATES, NORTH ZONE .
GEODETIC NORTH , NAVCOM GPS UNIT.
REFERENCE MONUMENT K-9 LOCATED AT
N 654044. 830 , E 664251 . 767, EL, 1201 . 38
REFERNCE DOCUMENTS
1 , PROPERTY LINE ADJUSTMENT - FILED FOR BROYLES COMMERCIAL
FUNDING, LLC WASHINGTON COUNTY, ARKANSAS AS 2005- 57019
2 , WARRANTY DEED, WASHINGTON CO . AR , FILED AS 2003- 34096 ,
3 , WARRANTY DEED, WASHINGTON CO . AR, FILED AS 958-892
4 , WARRANTY DEED, WASHINGTON CO . AR, FILED AS 2005-40736
5 , WARRANTY DEED, WASHINGTON CO . AR, FILED AS 2005- 52483
RECEIVED
JAN 0 7 2008
CITY�yOF FAYETTEVILLE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMEN I CLERK'S OFFICE
DISTRICT NO. 22 — HOLCOMB HEIGHTS, PHASE 1 SUBDIVISION
INFRASTRUCTURE PROJECT
COMMISSIONER'S OATH OF OFFICE
I , JOHN C. NOCK, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 22— HOLCOMB
HEIGHTS, PHASE 1 SUBDIVISION INFRASTRUCTURE PROJECT, HEREEBY
SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND
THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE
FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER,
AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EXCEP UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERTY IN E DISTRI
JO C. NOCK
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the 17 day of January, 2008, before me, the undersigned
notary public, personally appeared John C. Nock, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
'Srvwe�'
NOTARY "LIQI/
SEAL
MALLORY M. BRYANT
NOTARY PUBLIC-STATE OFARKANSAS
WASHINGTON COUNTY
My Commission Expires 05.15.2015
RECEIVED
JAN 0 7 2008
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENrY of FAYETTEVILLE
DISTRICT NO. 22 - HOLCOMB HEIGHTS, PHASE 1 SUBDIVISION CITY CLERK'S OFFICE
INFRASTRUCTURE PROJECT
COMMISSIONER'S OATH OF OFFICE
I, HANK D. BROYLES, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 22- HOLCOMB
HEIGHTS, PHASE 1 SUBDIVISION INFRASTRUCTURE PROJECT, HEREEBY
SWEAR TO SUPPORT THE CONSTITUTION OF THE UNITED STATES AND
THE CONSTITUTION OF THE STATE OF ARKANSAS, TO DISCHARGE
FAITHFULLY MY DUTY AS AN IMPROVEMENT DISTRICT COMMISSIONER,
AND TO NOT BE INTERESTED, DIRECTLY OR INDIRECTLY, IN ANY
CONTRACT LET BY THE BOARD EXCEPT UPON THE APPROVAL OF ALL
THE OWNERS OF REAL PROPERTY IN THE DISTRICT.
4 el s
'HANK D. BROYL
PS
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
On this the ��1 day of January, 2006, before me, the undersigned
notary public, personally appeared Hank D. Broyles, known to me (or
satisfactorily proven) to be the person whose name he subscribed to the within
instrument and acknowledged that he executed the same for the purposes
therein contained.
In witness whereof I hereunto set my hand and official seal.
NOTARY PUBLIC
SEAL Notary Public
Sharon Bishop
State of Arkansas, Washington County
My Commission Expires August 19, 2014
frial
1k Lak 144) 1617
City of Fay tteville 3108
Staff Review Form 1617
City Council Agenda Items b
orD�Gld�1
Contracts )/ S
January 3, 2008
City Council Meeting Date
Sondra Smith City Clerk City Clerk
Submitted By Division Department
Action Required:
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 22 - Holcomb Heights,
Phase 1 Subdivision Infrastructure Project. This petition is being filed under the Arkansas Municipal Property
Owners' Improvement District law. Arkansas Code Ann. Sec. 1494-101 at 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 NIA
Account Number Funds Used to Date Program / Project Category Name
NIA N/A N/A
Project Number Remaining Balance Fund Name
Budgeted Item r�N/Aj Budget Adjustment Attached r N/A
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
( Original Contract Number:
City Attome Date
Received in City Clerk' Off, ffice
Finance a d Intemet Service Director Date
Received in Mayor's Office Ep
I .?1 a
Z7 a'
Mayor Date
Comments:
a e PVv 1
Y e l=` ., 113 West MOUntain
ARKANSAS
% Fayetteville, AR 72701
I Telephone: (479) 575-8323
Fax: (479) 718-7695
Ch ' ' ' - `- cityclerk@ci.fayetteville.ar.us
City Clerkfrreasurer Division
December 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. 22
Holcomb Heights, Phase I Subdivision Infrastructure Project
Dear Mayor:
Pursuant to Arkansas Code Ann. See. 14-94-105 (e)(3), you are hereby notified that the
enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District
No. 22 — Holcomb Heights, Phase I 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,
Qee- �Q
Sondra E. Smith
City Clerk/Treasurer
cc: Kit Williams, City Attorney
James N. McCord
ORDINANCE NO.
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 22 — HOLCOMB HEIGHTS,
PHASE I SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 22 — Holcomb Heights, Phase 1 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 January 3 , 2008, 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 a title company
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. 22 — Holcomb Heights, 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
1
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.
Section 2: The following three individuals are hereby appointed as commissioners of
said improvement district: John C. Nock, Hank D. Broyles and Alexander F. Broyles.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 22- Holcomb Heights, 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 purposes authorized in Ark.
Code Ann., Title 14, Chapter 94.
PASSED and APPROVED this 3rd day of January, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E, SMITH, City Clerk/Treasurer
EXHIBIT "A"
HOLCOMB HEIGHTS PHASE I
BOUNDARY DESCRIPTION
A PART OF THE NW1 /4 OF THE NW1 /4 OF SECTION 32, TOWNSHIP- 17-NORTH,
RANGE-30-WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SE CORNER OF
SAID NW1 /4 OF THE NWl /4 AND RUNNING THENCE N87036120"W, ALONG THE
SOUTH LINE OF SAID NW1 /4 OF THE NWIA 662.41 FEET; THENCE NO3 ° 10'04"E,
821 .23 FEET TO A POINT IN THE CENTER OF WASHINGTON COUNTY ROAD NO. 94
(WEIR RD.); THENCE N79045'52 "E ALONG THE CENTERLINE OF SAID WASHINGTON
COUNTY ROAD NO. 94 310.95 FEET; THENCE N79045'52 "E, ALONG THE CENTERLINE
OF SAID WASHINGTON COUNTY ROAD NO. 94 355 .92 FEET TO A POINT ON THE
EAST LINE OF SAID NWl /4 OF THE NW1 /4 THAT IS 353 .33 FEET S02021 ' 10"W, FROM
THE NE CORNER OF SAID NW1 /4 OF THE NW1 /4; THENCE S02021 ' 10"W, ALONG THE
EAST LINE OF SAID NW1 /4 OF THE NW1 /4 966.95 FEET TO THE POINT OF
BEGINNING, CONTAINING 13 .47 ACRES, MORE OR LESS.
BASIS OF BEARINGS
ARKANSAS STATE PLAN COORDINATES, NORTH ZONE.
GEODETIC NORTH, NAVCOM GPS UNIT.
REFERENCE MONUMENT K-9 LOCATED AT
N 654044.830, E 664251 . 767, EL. 1201 .38
REFERNCE DOCUMENTS
1 . PROPERTY LINE ADJUSTMENT - FILED FOR BROYLES COMMERCIAL FUNDING,
LLC WASHINGTON COUNTY, ARKANSAS AS 2005-57019
2. WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2003-34096.
3 . WARRANTY DEED, WASHINGTON CO. AR. FILED AS 958-892
4. WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2005-40736
5 . WARRANTY DEED, WASHINGTON CO. AR. FILED AS 2005-52483