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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�,� �� •• G\TY p * .Gp PASSED and APPROVED this 6"' day of May, 2008. c3o 0";a_ ` ° FAYETTEVILLE ; APPROVED: ATTEST: s�z •• P • R y� .9 '/FANS 5 Jam` // (� r1j//II IIIIIINIII 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 " - Printer Friendly View Pagel of 2 r 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 http://docs.accessfayetteville.org:81/AppXtender/DocPrintFriendly.aspx?DataSource=AX&Contextld=92... 4/18/2008 Printer Friendly View Page 1 of 1 s • + 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 http://does.accessfayetteville.org:81 /AppXtender/DocPrintFriendly.aspx?DataSource=AX&ContextId=30... 4/18/2008 • 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