HomeMy WebLinkAboutOrdinance 5136 ORDINANCE NO. 5136
AN ORDINANCE TO ESTABLISH" AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS '
IMPROVEMENT DISTRICT NO. 29 - RUSKIN HEIGHTS
SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 29 - Ruskin Heights 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 May 6, 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. 29- Ruskin Heights 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: Edward Davis, Morgan Hooker and Dirk Van Veen.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 29 - Ruskin Heights Subdivision Infrastructure
Project.
1 .
Page 2
Ord. No. 5136
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.
YJTR�'''.�.
GAS Y OF SGp
PASSED AND APPROVED this 6`h day of May, 2008. _ e°
BFAYETTEVILLE •
° 5
APPROVED: ATTEST: :9s•�RKgNs?•j�':�
'''� q uimNOGO```.
By. By.
DAN COODY, Mayor SO DRA E. SMITH City ClerOTreasurer
2
EXHIBIT "A"
Boundary Description - Ruskin-Heights
A part of the Southeast Quarter (SEI/4) of the Southwest Quarter (SWI /4) and the Southwest
Quarter (SWI /4) of the Southeast Quarter (SEI/4) of Section Two (2), Township Sixteen ( 16)
North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a 1 /2" rebar located S87°32'34"E 660.0 feet from a stone monument located at the
Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2; thence N
03038'07"E 441 .29 feet to a 1 /2" rebar; thence N 87°33'26"W 135 .00 feet to a 1 /2" rebar; thence
NO3042'40"E 80.00 feet to a 1 /2" rebar; thence N 87°33'28"W 175 .00 feet to a 1/2" rebar; thence
N 03042'40"E 212.28 feet to a 1/2" rebar; thence S 87°48'42"E 310.03 feet to a 1 /2" rebar;
thence NO3 °42'38"E 417.42 feet to a 1 /2" rebar located on the South right-of-way of Arkansas
Highway No. 45 (Mission Boulevard); thence Northeasterly along said right-of-way the
following: N69°23'34"E 249.39 feet to a 1 /2" rebar, along a curve to the right having a radius of
970.00 feet, an arc length of 108.99 feet and a chord bearing of N 72°36'42"E 108.93 feet to a
1 /2" rebar, along a curve to the right having a radius of 978.84 feet, an arc length of 335 .04 feet
and a chord bearing of N85'38' 10"E 333 .40 feet to a 1 /2" rebar, SOI °04'05"W 12.27 feet to a
/i' rebar; S86°22' 14"E 166.88 feet to a 1 /2" rebar, S03°35'31 "W 1 .95 feet to a 1 /2" rebar;
thence S86°28'21 "E 252.00 feet to a 1 /2" rebar; thence leaving said right-of-way and running
S03029'46" W 825 .60 feet to a 1 /2" rebar located on the north line of the Park Place Addition
Phase Il ; thence N85°48'23 "W 422.74 feet to a 1/2" rebar located at the Northwest corner of said
addition; thence S03°45'46"W 491 .63 feet along the west line of said addition to a stone
monument; thence N87°31 '58"W 657.93 feet to the point of beginning, containing an area of
28.93 acres, more or less, Fayetteville, Washington County, Arkansas.
Subject to any easements and/or right-of-ways of record.
3
C) eb
City of Fayetteville daa
Staff Review Form
City Council Agenda Item
or I.�'s ^ �Du,iU
Contracts
May 6, 2008
City Council Meeting Date / •/ (//�/��do� �
Sondra Smith City Clerk City Clerk
Submitted By Division Department
Action Required :
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 29 - Ruskin Heights
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 N/A Budget Adjustment Attached N/A
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
Y( Zy`o� Original Contract Number:
Ci ney Date
p
Received in City
/Cllerk'
T a.� 0. . '1- 29 . 04
Finance and Internal Service Director Date
Received in Mayor's Office ' ENT ED
Mayor
/ Date
Comments:
113 West Mountain
Fayetteville, AR 72701
RECEIVED Telephone: (479) 5758323
40
ye evl a APR 2 8 2008 Fax: (479) 718-7695
ARKANSAS
CITY OF FAYETTEVILLE city—clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division MAYOR'S OFFICE
April 25, 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. 29-
Ruskin Heights 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. 29 — Ruskin Heights 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, q "�
&,, d
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. 29 - RUSKIN HEIGHTS
SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 29 - Ruskin Heights 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 May 6, 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. 29- Ruskin Heights 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: Edward Davis, Morgan Ho6ker and Dirk Van Veen.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 29 - Ruskin Heights 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 6th day of May, 2008.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH City Clerk/Treasurer
2
EXHIBIT "A"
Boundary Description - Ruskin Heights
A part of the Southeast Quarter (SEI /4) of the Southwest Quarter (SWI /4) and the Southwest
Quarter (SWI /4) of the Southeast Quarter (SEI /4) of Section Two (2), Township Sixteen ( 16)
North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a %2" rebar located S87°32'34"E 660.0 feet from a stone monument located at the
Southwest corner of the Southeast Quarter of the Southwest Quarter of said Section 2; thence N
03038'07"E 441 .29 feet to a %2" rebar; thence N 87°33'26" W 135 .00 feet to a '/2" rebar; thence
NO3042'40"E 80.00 feet to a '/2" rebar; thence N 87°33'28"W 175 .00 feet to a '/2" rebar; thence N
03042'40"E 212.28 feet to a %2" rebar; thence S 87°48'42"E 310.03 feet to a '/2" rebar; thence
NO3042'38"E 417.42 feet to a %2" rebar located on the South right-of-way of Arkansas Highway
No. 45 (Mission Boulevard); thence Northeasterly along said right-of-way the following:
N69023 '34"E 249.39 feet to a %2" rebar, along a curve to the right having a radius of 970.00 feet,
an arc length of 108.99 feet and a chord bearing of N 72°36'42"E 108.93 feet to a '/2" rebar,
along a curve to the right having a radius of 978 . 84 feet, an arc length of 335 .04 feet and a chord
bearing of N850381.1011E 333 .40 feet to a '/2" rebar, SOI °04'05 "W 12.27 feet to a %2" rebar;
S86022' 14"E 166.88 feet to a %2" rebar, S03°35'31 "W 1 .95 feet to a '/2" rebar; thence
S86028'21 "E 252.00 feet to a %2" rebar; thence leaving said right-of-way and running
S03029'46"W 825 .60 feet to a '/2" rebar located on the north line of the Park Place Addition
Phase II; thence N85°48'23 "W 422.74 feet to a %2" rebar located at the Northwest corner of said
addition; thence S03°45'46"W 491 .63 feet along the west line of said addition to a stone
monument; thence N87°31 '58"W 657.93 feet to the point of beginning, containing an area of
28.93 acres, more or less, Fayetteville, Washington County, Arkansas.
Subject to any easements and/or right-of-ways of record.
3
RECEIVED
JAMES N. McCORD APR 2 5 2008
Attorney at Law
217 E. DICKSON STREET
CITY OF
CITY CLERKSFFiL E
SUITE #102
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 442-1490
immccordlawAalltel.net
April 25, 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. 29- Ruskin Heights 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. 29- Ruskin Heights 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. ,
f
(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. The tax can be prepaid in a lump sum at any time.
Should there be any questions, please contact me.
Sincerely,
000 - lG
?atnes . McCord
pe: Kit Williams, City Attorney
Edward Davis
RECEIVED
NOTICEAPR 25 2008
YOUR SIGNATURE HEREON SHOWS?Y^ AcY
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 FAYETfEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 29- RUSKIN HEIGHTS SUBDIVISION
INFRASTRUCTURE PROJECT
For its petition to form Fayetteville Municipal Property Owners'
Improvement District No. 29- Ruskin Heights 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: Edward Davis, Morgan Hooker and
Dirk Van Veen .
5. Petitioner proposes that the name of the district be Fayetteville
Municipal Property Owners' Improvement District No. 29- Ruskin Heights
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. 29-
Ruskin Heights 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