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Home My WebLink AboutOrdinance 5130 ORDINANCE NO. 5130 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge 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 April 15, 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. 25- Falcon Ridge 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 I Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge 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. p.KITRei S % PASSED and APPROVED this 15`h day of April 2008. _ ,Q ��5 Y p�° , Gp ' APPROVED: ATTEST: ; FAYETTEVILLE ; y^,tiRkANs o J B B i "5-,NGTON y: y: / . p /lM D N COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" Falcon Ridge Subdivision: Part of the NEI/4 of the SETA and the Part of the SEI /4 of the SETA of Section 19, Townshipl6 N, Range 29 W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NW corner of said NEI /4, SEI/4 thence south 557.95 feet, thence S89°55 ' 18"E 27.59 feet to the P.O.B, thence S89°55 ' 18"E 1292.94 feet, thence south 1422.01 feet, thence N89°56'30"W 822. 14, thence N00°04'32"E 331 .32 feet, thence S89051132"E 170.08 feet, thence N00°42' 14"W 436.08 feet, thence N00° 11 '46"E 421 .06 feet, thence N89°56'21 "W 426.97 feet, thence N00° 11 '35"120.06 feet, thence N89°55 ' 18"W 211 .25 feet , thence N00' 12'45" E 114. 14 feet to the P.O.B. ; containing 25 .51 acres more or less subject to easements and right of way of record. 3 Ci of Fayetteville Staff Review Form City Council Agenda Items 1r410,Y7 or Contracts APOID W&Z:5� April 15, 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. 25 - Falcon Ridge 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 NIA Budget Adjustment Attached N/A Previous Ordinance or Resolution # V los Department Director Date Original Contract Date: � Original Contract Number: �-� rod City Attor Date t 11 ceived in City rk's ice EN 14 - 1 Wei Finance and Internal Service Director Date Received in Mayor's Office ggEpEp Mayor Date Comments: f • RECEIVED 113 West Mountain vl Fayetteville, AR -832Rye e e APR Z�Og Telephoax: (479) 718-8323 ARKANSAS Fax: (479) 718-7695 CITY OF RS OFF ICE ci clerk@ci.fa etteville.ar.us MAYOR'S OFFICE �- y City Clerk/Treasurer Division April 7, 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. 25 Falcon Ridge 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. 25 — Falcon Ridge 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, �n r�c t ,, i7 aft5t ondra E. Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord RECEIVED JAMES N. McCORD APR 0 7 2008 Attorney at Law CITY OF FAYE17EVILLE 217 E. DICKSON STREET CITY CLERKS OFFICE SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 4mmccordlaw(cDal Itel. net April 7, 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. 25- Falcon Ridge Subdivision 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. 25- Falcon Ridge 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. h K� (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. Also 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, �j_*400 � es N. McCord pc: Kit Williams, City Attorney Charles Sloan ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge 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 April 15 , 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. 25- Falcon Ridge 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 Section 2 : The following three individuals are hereby appointed as commissioners of said improvement district: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge 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 15`h day of April 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 EXHIBIT "A" Falcon Ridge Subdivision : Part of the NE'/4 of the SE'/4 and the Part of the SE'/4 of the SE'/4 of Section 19, Township16 N, Range 29 W in Washington County, Arkansas and being more particularly described as follows: Commencing at the NW comer of said NE'/4, SE '/4 thence south 557.95 feet, thence S89°55 ' 18"E 27.59 feet to the P.O.B, thence S89°55 ' 18"E 1292.94 feet, thence south 1422.01 feet, thence N89056'30"W 822. 14, thence N00°04' 32"E 331 .32 feet; thence S89'51 ' 32"E 170.08 feet, thence N00042 ' 14"W 436.08 feet, thence N00° 11 '46"E 421 .06 feet, thence N89°56 '21 "W 426.97 feet, thence NOVI 1 '35" 120.06 feet, thence N89'55 ' 1 8"W 211 .25 •feet , thence NOO° 12'45" E 114. 14 feet to the P.O.B. ; containing 25 .51 acres more or less subject to easements and right of way of record. 3 RECEIVED NOTICE APR072008 7EVI CITY OF FAYETTEVILLE CITY CLERKS OFFICE 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. 25- FALCON RIDGE SUBDIVISION INFRASTRUCTURE PROJECT For its petition to form Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision 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 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: Charles W. Sloan, Cynthia E. Sloan and Jay Mullis. 5. Petitioner proposes that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge Subdivision 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 "A" attached hereto and made a part hereof into Fayetteville Municipal Property Owners' Improvement District No. 25- Falcon Ridge 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