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HomeMy WebLinkAboutOrdinance 5098 ORDINANCE NO, 5098 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 23 — WOODSTOCK SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 23 — Woodstock 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. 23 — Woodstock 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. 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. 23 — Woodstock 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. G��RMVTR�S,,�-' APPROVED: ATTEST: = * FAYETTEVILLE * By: By: O yt�Lf a DANFtOODY, Mayor SONDRA E, SMITH, City Clerk/Treasurer 0 2 EXHIBIT "A" Woodstock LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2030'03"E 1266.66' TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 416, THENCE ALONG SAID RIGHT-OF-WAY S87027'39"E 139.53', N83042'20"E 44.55', S87054' 17"E 88.00', S67030'03"E 53.26', S87015'42"E 27.88', N82007'42"E 81 .391, S87012139' E 819.771, S5102615911E 34.51 ' TO THE WEST RIGHT-OF-WAY OF NORTH 46TH AVENUE, THENCE ALONG SAID RIGHT-OF- WAY OF NORTH 46TH AVENUE S02001 '06"W 594.361, THENCE LEAVING SAID RIGHT- OF-WAY N87007'41 "W 305.48' TO A SET IRON PIN, THENCE S0203910111W 249.48' TO A SET IRON PIN, THENCE N87007'41 "W 332.21 ' TO A SET IRON PIN, THENCE S02039'01 "W 410.65' TO A SET IRON PIN, THENCE N8700611311W 642.82' TO THE POINT OF BEGINNING. CONTAINING 29.63 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. 3 RECEIVED DEC 2 6 2007 CITY OF FAYETTEVILLE BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS CITY CLERK'S OFFICE PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 23- WOODSTOCK 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. 23— Woodstock Subdivision Infrastructure Project, a copy of which Exhibit "A" is attached hereto and made a part hereof: Nock-Broyles Land Development, LLC DATED this U— day of December, 2007. Heritage Land Title of Arkansas, Inc. By( AU ORIZED REPRESENTATIVE a EXHIBIT " A " Woodstock LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°30'03 "E 1266.66' TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 416, THENCE ALONG SAID RIGHT-OF-WAY S87027'39"E 139.53', N83042'2011E 44.551, S87054117' E 88.00', S67030103 "E 53.26', S87015'42"E 27.881, N8200714211E 81 .391, S87012139"E 819.771, S51026'59"E 34.51 ' TO THE WEST RIGHT-OF-WAY OF NORTH 46TH AVENUE, THENCE ALONG SAID RIGHT-OF- WAY OF NORTH 46TH AVENUE S02001 '06"W 594.36', THENCE LEAVING SAID RIGHT- OF-WAY N87°07'41 "W 305.48' TO A SET IRON PIN, THENCE S02039'01 "W 249.48' TO A SET IRON PIN, THENCE N87007141 "W 332.21 ' TO A SET IRON PIN, THENCE S02039'01 "W 410.65' TO A SET IRON PIN, THENCE N87006' 13 "W 642.82' TO THE POINT OF BEGINNING. CONTAINING 29.63 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD. RECEIVED JAN 1 1 2008 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT O1CITY CLMSOFFICE DISTRICT NO. 23 — WOODSTOCK SUBDIVISION INFRASTRUCTURE PROJECT COMMISSIONER'S OATH OF OFFICE I , JOHN C. NOCK, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 23— WOODSTOCK 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 E DIST CT. J NC. N CIV STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the rl 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. �Cnl �-- NOTARCPUE&AC SEAL MALLORY M. BRYANT NOTARY PUBLIC-STATE OF ARKANSAS WASHINGTON COUNTY My Commission Expires 05-15.2015 RECEIVED JAN 1 1 2008 FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT CITY In°��ERKs TEVIL DISTRICT NO. 23 - WOODSTOCK SUBDIVISION INFRASTRUCTURE OFFICE PROJECT COMMISSIONER'S OATH OF OFFICE I, HANK D. BROYLES, A COMMISSIONER OF FAYETTTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 23- WOODSTOCK 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. HANK D. BROYLES STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) On this the rlkl" day of January, 2008, 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 NoteryPualo Sharon B shop Slate of Aftnu , Washington County My Commission Expires August 19, 2014 City of Fayetteville Staff Review Form S� 7 City Council Agenda Items �Q or GYM Contracts MPD ( b Np, 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. 23 - Woodstock 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 r N/A I Budget Adjustment Attached F N/A 07 Previous Ordinance or Resolution # Department Director / Date Original Contract Date: C / Original Contract Number: City Attor Date Received in City Clerk' ffice Finance a Intemal Service Director Date Received in Mayor's Office m M yor Date Comments: ye eve ARKANSAS � 113 West Mountain Fayetteville, AR 72701 of i., - . Telephone: (479) 575-8323 cvSAYo;�'_; OF--ic= Fax: (479) 718-7695 city-clerk@ci.fayetteville.ar.us City Clerk/Treasurer 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. 23 Woodstock 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. 23 — Woodstock 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, (, "'" 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. 23 — WOODSTOCK SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 23 — Woodstock 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. 23 — Woodstock 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. 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. 23 — Woodstock 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 2 EXHIBIT " A" Woodstock LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2030'03 "E 1266.66' TO THE SOUTH RIGHT-OF-WAY OF ARKANSAS STATE HIGHWAY 416, THENCE ALONG SAID RIGHT-OF-WAY S87027'39"E 139.53', N83042'20"E 44.55', S87054' 17"E 88.00', S67030'03 "E 53 .26', S87015'42"E 27.88', N8200714211E 81 .3913 S87012139"E 819.771, S5102615911E 34.51 ' TO THE WEST RIGHT-OF-WAY OF NORTH 46TH AVENUE, THENCE ALONG SAID RIGHT-OF- WAY OF NORTH 46TH AVENUE S02001 '06"W 594.36', THENCE LEAVING SAID RIGHT- OF-WAY N87°07'41 "W 305 .48' TO A SET IRON PIN, THENCE S02°39'01 "W 249.48' TO A SET IRON PIN, THENCE N87°07'41 "W 332.21 ' TO A SET IRON PIN, THENCE S02039'01 "W 410.65' TO A SET IRON PIN, THENCE N87006' 13 "W 642.82' TO THE POINT OF BEGINNING. CONTAINING 29.63 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.