HomeMy WebLinkAboutOrdinance 5142 ORDINANCE NO, 5142
AN ORDINANCE TO CODIFY ORDINANCE NO. 2292 OF
DECEMBER 7, 1976, WITH AMENDMENTS PROPOSED BY
THE BOARD OF THE DOWNTOWN OFF-STREET PARKING
IMPROVEMENT DISTRICT
WHEREAS, after a petition to form an improvement district was signed by a majority in
assessed value of the owners of real property within the proposed Downtown Off-Street Parking
Improvement District in November of 1976, the Board of Directors of the City of Fayetteville
enacted Ordinance No. 2292 to create the District on December 7, 1976; and
WHEREAS, this improvement district has obtained property and paved parking lots
within the district and functioned well for over thirty years; and
WHEREAS, the improvement district's board has requested that the City Council
expand its membership to five.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville hereby amends Chapter 33 :
Departments, Boards Commissions and Authorities of the Fayetteville Code by enacting new
sections 33 .062 — 33 .064 as shown on Exhibit A attached hereto. EC?WTRFgs�,�
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PASSED and APPROVED this 6"' day of May, 2008. c3o 0";a_
` ° FAYETTEVILLE ;
APPROVED: ATTEST: s�z •• P •
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By: G` By:
DAN COODY, Mayor SONDRA E. SMITH/City Clerk/Treasurer
EXHIBIT A
Off-Street Parking Development District No. 1
33.062 Establishment and Purposes
(A) The Off-Street Parking Development District No. 1
was established on December 7, 1976, by Ordinance No.
2292 with its commissioners appointed by the Fayetteville
City Board of Directors. The District encompasses the
property described in Exhibit A to Ordinance No. 2292.
(B) The Off-Street Parking Development District was
created for the purpose of constructing facilities for the off-
street parking of vehicles on lands to be purchased by the
District.
33.063 Membership of the Board, Terms of Office
(A) The City Council shall appoint five owners of real
property located within the District to be commissioners for
the Off-Street Parking Development District Board.
(B) The three current commissioners shall continue in
their office for the remainder of their normal six year terms
and may be reappointed. One new appointment shall be for
an initial four year term of office. The other new appointment
and all reappointments shall thereafter be for six year terms.
33.064 Powers and Responsibilities
(A) The District Board shall have the power to acquire
real property and construct facilities for off-street parking of
vehicles on lands it owns. The District Board shall generally
have the statutory power of a municipal improvement district
pursuant to Subtitle 5 Improvement Districts Generally of
Title 14, Local Government of the Arkansas Code.
(B) The District Board shall comply with all
responsibilities and restrictions for boards of improvement
districts mandated by Subtitle 5, Improvement Districts
Generally of Title 14, Local Government of the Arkansas
Code.
4
CITY ATTORNEY AGENDA REQUEST 21am
.5,NcPft
- 33, 06
FOR: COUNCIL MEETING OF May 6, 2008
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Codify Ordinance No. 2292 Of December 7, 1976, With Amendments
Proposed By The Board Of The Downtown Off-Street Parking Improvement District
APPROVED FOR AGENDA:
City Attorne Date
7
Mayor Date
� 8
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY Ll
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney _.
DATE: April 21 , 2008
RE : Downtown Off-Street Parking Improvement District #1
The commissioners of the Downtown Off-Street Parking Improvement
District # 1 have requested that the City increase the number of commissioners
from three to five. Attached are letters from their attorney, John Logan Burrow,
presenting this request.
City Clerk Sondra Smith helped me research this Board. It was established
by Ordinance No. 2292 (attached) passed and approved on December 7, 1976. In
November of 1976, petitions had been filed with the City Clerk by a majority of
property owners in the district requesting that the Board of Directors establish this
Parking District. Hal Douglas, John Lewis, George Shelton, Curtis Shipley,
Hayden McIlroy and many more of Fayetteville ' s leading citizens signed the
Petition.
For some reason Ordinance No. 2292 was never codified into Chapter 33 :
Departments, Boards, Commissions and Authorities of the Fayetteville Code.
The Public Facilities Board established by Ordinance No. 2485 of 1978 is codified
at §33 .065 — . 071 and I believe this important parking district should also be
codified. I propose its codification immediately preceding the Public Facilities
Board as it precedes it in date of formation. This . codification will include the
increase in number of commissioners (unless rejected by the City Council) and
establish terms and appointment procedures for commissioners.
Attached is my proposed codification which may certainly be referred to the
Ordinance Review Committee if so desired .
ORDINANCE NO,
AN ORDINANCE TO CODIFY ORDINANCE NO. 2292 OF
DECEMBER 7, 1976, WITH AMENDMENTS PROPOSED BY
THE BOARD OF THE DOWNTOWN OFF-STREET PARKING
IMPROVEMENT DISTRICT
WHEREAS, after a petition to form an improvement district was signed by a majority in
assessed value of the owners of real property within the proposed Downtown Off-Street Parking
Improvement District in November of 1976, the Board of Directors of the City of Fayetteville
enacted Ordinance No. 2292 to create the District on December 7, 1976; and
WHEREAS, this improvement district has obtained property and paved parking lots
within the district and functioned well for over thirty years; and
WHEREAS, the improvement district' s board has requested that the City Council
expand its membership to five.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville hereby amends Chapter 33 :
Departments, Boards Commissions and Authorities of the Fayetteville Code by enacting new
sections 33 .062 — 33 .064 as shown on Exhibit A attached hereto.
PASSED and APPROVED this 6`h day of May, 2008 .
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH/City Clerk/Treasurer
EXHIBIT A
Off-Street Parking Development District No. 1
33.062 Establishment and Purposes
(A) The Off-Street Parking Development District No. 1
was established on December 7, 1976, by Ordinance No.
2292 with its commissioners appointed by the Fayetteville
City Board of Directors. The District encompasses the
property described in Exhibit A to Ordinance No. 2292.
(B) The Off-Street Parking Development District was
created for the purpose of constructing facilities for the off-
street parking of vehicles on lands to be purchased by the
District.
33.063 Membership of the Board, Terms of Office
(A) The Mayor shall appoint with approval of the City
Council five owners of real property located within the
District to be commissioners for the Off-Street Packing
Development District Board.
(B) The three current commissioners shall continue in
their office for the remainder of their normal six year terms
and may be reappointed. One new appointment shall be for
an initial four year term of office. The other new appointment
and all reappointments shall thereafter be for six year terms.
33.064 Powers and Responsibilities
(A) The District Board shall have the power to acquire
real property and construct facilities for off-street parking of
vehicles on lands it owns. The District Board shall generally
have the statutory power of a municipal improvement district
pursuant to Subtitle 5 Improvement Districts Generally of
Title 14, Local Government of the Arkansas Code.
(B) The District Board shall comply with all
responsibilities and restrictions for boards of improvement
districts mandated by Subtitle 5, Improvement Districts
Generally of Title 14, Local Government of the Arkansas
Code.
JOHN LOGAN BURROW, P. A.
Attorney at Law
1 West Mountain Street #206
Fayetteville, Arkansas 72701
479-444-0722
April 18, 2008
Hon. Kit Williams
Fayetteville City Attorney
City Administration Building
Fayetteville, Arkansas 72701
Dear Mr. Williams:
Enclosed please find a letter to Mayor Dan Coody forwarding to him the request
by the Downtown Off Street Parking Improvement District No. 1 of the City of
Fayetteville's Board of Improvement that the number of its board members be increased
from three to five.
Statutory authority for this increase in the membership of the Board is provided
for in ACA Section 14-88-301 (a) (1) (A) (ii). I have asked the City Clerk to determine,
if it is discoverable, the order in which the current members of the Board were appointed,
so that the new positions can be appointed to serve appropriate lengths of time before
commencing regular six-year terms with no more than two of their terms expiring at the
same time. I will put that information in your hands as soon as I have it.
Please let me know if I can be of any assistance to you.
Yo sin r ly,
Jo Logan Burrow
Cc: Lamar Pettus
Bobby lee Odom
Rick Woods
JOHN LOGAN BURROW, P. A.
Attorney at Law
1 West Mountain Street #206
Fayetteville, Arkansas 72701
479444-0722
April 18, 2008
Hon. Dan Coody
Mayor, City of Fayetteville, Arkansas
City Administration Building
Fayetteville, Arkansas 72701
Dear Mayor.Coody: a _ . . .
The Board of Improvement of the Downtown Off Street Parking Improvement
District No. 1 of the City of Fayetteville, Arkansas, met on Thursday, April 17, 2008, and
voted to request that the City Council, by city ordinance, increase the number of members
of the board from three to five. The Board authorized me to represent them in this matter
and to take whatever action is necessary in its furtherance.
Please let me know if you need any assistance from me. Thank you for your
attention to this.
Yours sincerely,
John Logan Burrow
Cc: Kit Williams
Lamar Pettus
Bobby Lee Odom
Rick Woods " -
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ORDINANCE NO, r,? 9CQ •76 DEC 22 P11 2: 52
"A Shur i. . -.
AN ORDINANCE ESTABLISHING OFF-STREET PARKING DW6�NT.•.;
DISTRICT NUMBER I OF THE CITY OF FAYETFEVILLE• ARKANSAS IiS
WHEREAS , parties claiming to be the owners of a majority
in assessed value of the property located within the territory
hereinafter described have filed a petition praying that an
improvement district be established for the purpose hereinafter
set outs and
WHEREAS , after due notice as required by law, the Board of
Directors of the City of Fayetteville , Arkansas , has heard all
parties dosiring to be heard , and have ascertained that said
petition was signed by a majority in assessed value of the
owners of real property within said territory .
NOW, THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1. There is hereby established an inl3rovement
district embracing the property described in Exhibit "A" at-
tached hereto and made a part hereof for the purpose of con-
structing facilities for the off-street parking of vehicles ,
said facilities to be constructed at such locations as the
Commissioners deem necessary in order to provide off- street
parking within the District on lands to be purchased in the
most economical means permitted under the circumstances for
the benefit of the District , with said facilities to be con-
structed in such manner and with such materials as the Board
of Improvement of the District may deem for the best interests
of the District .
section 2. That said District shall be known as Off-Street
Packing Development District Number I of the City of Fayetteville ,
Arkansas , and Pearl Clinehens , Frank W . Lewis , and Dr . C . Garland
Kelton , Jr. are hereby named Commissioners , who shall compose
the Board of Improvement for said District.
Section 3. That this ordinance shall be in full force and
effect from and after the time provided by law.
PASSED AND APPROVED THIS DAY OF ,.Qi(J , 1976 .
APPROVED :
..� 66.'"
MAYOR
j . -• '
•y
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s :
RESOLUTION N0 . eajar 77
A RESOLUTION APPOINTING THREE ELECTORS TO CONSTITUTE A
BOARD OF ASSESSMENT OF BENEFITS TO BE RECEIVED BY EACH LOT
WITHIN OFF-STREET PARKING DEVELOPMENT DISTRICT NUMBER 1 OF
THE CITY OF FAYETTEVILLE .
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
That the Board of Directors hereby appoints the following
electors of the City to constitute a Board of Assessment of the
benefits to be received by each lot or block , or other subdivi-
sion of land within Off-Street Parking Development District No,
I of the City of Fayetteville by reason of the proposed local
improvements Keith L . Schultz , Chad Kumpe and Carl Collier .
PASSED - AND APPROVED THIS � DAY OF 19774
APPROVED :
MAYOR
ATTEST : .
IT RK -
AUCROHWED
DATE
PIM
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• G '
EXHIBIT A
Off-Street Parking Development District No. 1
33.062 Establishment and Purposes
(A) The Off-Street Parking Development District No. 1
was established on December 7, 1976, by Ordinance No.
2292 with its commissioners appointed by the Fayetteville -
City Board of Directors. The District encompasses the
property described in Exhibit A to Ordinance No. 2292.
(B) The Off-Street Parking Development District was
created for the purpose of constructing facilities for the off-
street parking of vehicles on lands to be purchased by the
District.
33.063 Membership of the Board, Terms of Office .
(A) The City Council shall appoint five owners of real
property located within the District to be commissioners for
the Off-Street Parking Development District Board.
(B) The three current commissioners shall continue in
their office for the remainder of their normal six year terms
and may be reappointed. One new appointment shall be for
an initial four year term of office. The other new appointment
and all reappointments shall thereafter be for six year terms.
33.064 Powers and Responsibilities
(A) The District Board shall have the power to acquire
real property and construct facilities for off-street parking of
vehicles on lands it owns. The District Board shall generally
have the statutory power of a municipal improvement district
pursuant to Subtitle 5 Improvement Districts Generally of
Title 14, Local Government of the Arkansas Code.
r
(B) The District Board shall comply with all
responsibilities and restrictions for boards of improvement
districts mandated by Subtitle 5, Improvement Districts
Generally of Title 14, Local Government of the Arkansas
Code.
E5.9.08) Clarice Pearman - Ords. 5140 & 5141 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.9.08 5 :49 PM
Subject: Ords. 5140 & 5141
Attachments: 5140 Amend 158.03 Maintenance Bonds & Guarantees.pdf; 5141 Amend Chapter 16
8 Flood Damage Prevention Code.pdf
CC: Audit; GIS
Ron:
Attached are copies of the above ordinances passed by City Council, May 6, 2008 amending Ch 168 and Sec. 158.031.
Please let me know if there is anything else needed for these item. Have a good day.
Thanks.
Clarice