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.