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HomeMy WebLinkAboutOrdinance 5115 ORDINANCE NO, 5115 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 24 - COLLEGE AVENUE TOWNHOMES DEVELOPMENT INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 24 - College Avenue Townhomes Development 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 March 4, 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(6)(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. 24 - College Avenue Townhomes Development 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. No. 5115 Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Hank D. Broyles, Alexander F. Broyles and Gene Long. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 24 - College Avenue Townhomes 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 4 s day of March, 2008. `: `p\S Y 00 ; FAYETTEVILLE ; " < 0 e� = APPROVED - ATTEST: =Wq .9pXAN ey 11GTON BY4Y: B 1 KA DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" A PART OF THE NW 1 /4 OF THE SE 1/4 OF SECTION 35, T- 17-N, R-30-W, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH IS N89°5711 "W 655.77 FEET FROM THE NE CORNER OF SAID FORTY ACRE TRACT, RUNNING THENCE S00024136"E 441 .25 FEET TO A FOUND IRON PIN; THENCE N89°40'58"W 308.88 FEET TO A FOUND IRON PIN; THENCE NIO°55'02"E 99.99 FEET TO A FOUND IRON PIN; THENCE N23°13' 13 "E 216.82 FEET TO A FOUND IRON PIN; THENCE N42°44'50"E 8 .58 FEET; THENCE N24021 '22"E 150.00 FEET TO A SET IRON PIN; THENCE S89°57' 11 "E 131 .87 FEET TO THE POINT OF BEGINNING, CONTAINING 2.334 ACRES, MORE OR LESS. 3 City of Fayetteville 3 q lop Staff Review Form City Council Agenda Items 1/ J or Prey Contracts I /�,, l�� March 4, 2008 City Council Meeting Date Sondra E. Smith City Clerk/Treasurer City Clerk/Treasurer Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 24 - College Avenue Townhomes Development 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 F N/A I Budget Adjustment Attached r N/A Previous Ordinance or Resolution # \l , alga De ent Director Date Original Contract Date: Original Contract Number: Ci omey Date IRWity Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: ale eve RECEIVE ® ARKANSAS113 West Mountain FEB 19 2008 Fayetteville, AR 72701 CITY OF FAYETTEVILLE Telephone: (479) 575-8323 MAYORS OFFICE Fax: (479) 718-7695 city-clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division February 15, 2008 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville, AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 24 College Avenue Townhomes Development 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. 24 — College Avenue Townhomes Development Infrastructure Project has been filed in the office of the Fayetteville City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106 (a)(l ), I hereby present you with the Petition. Sincerely, - Sondra E. Smith City Clerk/Trcasurer cc: Kit Williams, City Attorney James N. McCord RECEIVED JAMES N. McCORD FEB 15 2008 Attorney at Law 217 E. DICKSON STREET CITY OF FAYETfEVILLE SUITE #102 CITY CLERK'S OFFICE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 jimmccordlaw(o)alltel. net February 15, 2008 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. 24- College Avenue Townhomes Development 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. 24- College Avenue Townhomes 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 tN6 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. (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. (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 Title Company Certificate of Property Ownership 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. Should there be any questions, please contact me. Sincerely, t James N. McCord pc: Hon. Dan Coody, Mayor Kit Williams, City Attorney Hank Broyles r. ORDINANCE NO, AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 24- COLLEGE AVENUE TOWNHOMES DEVELOPMENT INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 24- College Avenue Townhomes Development 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 March 4, 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 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. 24- College Avenue Townhomes Development 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 SECTION 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Hank D . Broyles, Alexander F. Broyles and Gene Long . SECTION 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 24- College Avenue Townhomes 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 day of 2008 . APPROVED: MAYOR ATTEST: CITY Clerk 2 r e, Filc No.: 6- 197430' EXHIBIT A A PART OF THE NW ''A OF THE SE 1/4 OF SECTION 35, T- 17-N, R-30-W, WASHINGTON COUNTY. ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS N89e57' I1 "W 655.77 FEET FROM THE NE CORNER OF SAID FORTY ACRE TRACT, RUNNING THENCE S00024136"E 441 .25 FEET TO A FOUND IRON PIN : THENCE N89040' 58"W 308.88 FEET TO A FOUND IRON PIN : THENCE N 10055 '02"E 99.99 FEET TO A FOUND IRON PIN; THENCE N23' 13113"E 216.82 FEET TO A FOUND IRON PIN; THENCE N42044'50"E 8.58 FEET: THENCE N2402132271 150.00 FEET TO A SET IRON PIN: THENCE S89057' II "E 131 .87 FEET TO THE POINT OF BEGINNING, CONTAINING 2.334 ACRES, MORE OR LESS. RECEIVED FEB 15 2008 NOTICE CITYOF CLERK'S FF CE E YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT . IF THE DISTRICT IS FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS . BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 24- COLLEGE AVENUE TOWNHOMES DEVELOPMENT INFRASTRUCTURE PROJECT For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 24- College Avenue Townhomes Development Infrastructure Project, the undersigned petitioner states: 1 . Petitioner is the record title owner to all of the real property described in Exhibit "A" attached hereto and made a part hereof as reflected by the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington, County Arkansas. All of said property is located within the corporate limits of the City of Fayetteville, Arkansas. 2. Petitioner desires that the real property described in Exhibit "A" attached hereto and made a part hereof be established and laid off into a municipal property owners' improvement district pursuant to Ark. Code Ann. Sec. 14-94-101 et seq. for the purpose of constructing, purchasing, accepting as a gift V .y_ 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. 3. Petitioner desires that 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. 4. Petitioner names the following three individuals, pursuant to Ark. Code Ann. 14-94-105(a)(2)(B), as designated representatives of Petitioner to be appointed as commissioners of the district: Hank D. Broyles, Alexander F. Broyles and Gene Long. 5. Petitioner proposes that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 24- College Avenue Townhomes Development Infrastructure Project. WHEREFORE, the undersigned Petitioner hereby petitions the City Council of Fayetteville, Arkansas to adopt an ordinance establishing and laying off the real property described in Exhibit "K attached hereto and made a part hereof into Fayetteville Municipal Property Owners' Improvement District No. 24- College Avenue Townhomes Development Infrastructure Project for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and