HomeMy WebLinkAboutOrdinance 5168 ORDINANCE NO. 5168
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 31 — EDGEWATER PARK
SUBDIVISION INFRASTRUCTURE PROJECT
WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement
District No. 31 — Edgewater Park Subdivision Infrastructure Project (the "District") 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 August 19, 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 A.C.A. § 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; and
WHEREAS, the District proposes to sell special assessment bonds in order for the
District to purchase the infrastructure improvements for Edgewater Park Subdivision; and
WHEREAS, the District proposes to dedicate said infrastructure improvements for
public use.
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. 31 — Edgewater Park Subdivision Infrastructure Project for all lawful
purposes pursuant to the Municipal Property Owners' Improvement District Law.
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Page 2
Ord. No. 5168
Section 2: The following three individuals are hereby appointed as commissioners of said
improvement district: Aaron Osborne, Miles Eggart and Clay Greene.
Section 3 : The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No. 31 - Edgewater Park 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
Arkansas Code Annotated, Title 14, Chapter 94.
PASSED and APPROVED this 19th day of August, 2008. `G�j Y OF •. pc
; FAYETTEVILLE •
APPROVED: ATTEST: =�•' co • ~ '
%9sy9RKAN5P�J?
f 'oyNGTOtNG .
By: ' i /'-rte By:
DAN COODY, Mayor SON RA E. SMITH, City Clerk/Treasurer
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EXHIBIT A
A part of the E 1/2 of the SE 1/4 of Section 21 , T-16-N, R-30-W, Washington County, Arkansas, being
more particularly described as follows: Commencing at the SE comer of said 80 acre tract, said point being
an existing iron, thence N00°10'38" W along the East line of said 80 acre tract 1008.35 feet to an existing
iron on the North Right-of-Way of 19°i Street for the True Point of Beginning; thence N00°10'38"W along
the East line of said 80 acre tract 843.88 feet to the center of the Town Branch Creek and from which an
existing reference on the South bank bears S00010'38"E 30.00 feet; thence along the center of said creek
the following bearings and distances; S72031100"W 254.20 feet; 535°20'21"W 186.84 feet; N89°46'05"W
342. 18 feet; N65°30'49"W 156. 16 feet; N58°28'27"W 221 .65 feet; N88°34'42"W 191 .66 feet;
N25056'55"W 170.95 feet; N63049'26"W 42.37 feet to a point on the West line of said 80 acre tract and
from which a set reference iron on the South bank of said creek bears S00°14' 15"E 30.00 feet; thence
leaving the centerline of said Creek S00°14' 15"E 656. 12 feet to the SW comer of the NE '/4 of the SE '/4 of
said Section 21 ; thence S00°24'02"E along the West line of the SE '/4 of the SE %4 of said Section 21 ,
400.97 feet to a set iron pin on the North Right-of-Way of 19'h Street; thence along the North Right-of-Way
of said Street the following bearings and distances; S88°58'09"E 394.36 feet to a set iron; N86°25'29"E
82.43 feet to a set iron; N84° 15'49"E 398.30 feet to a set iron; N84019'21 "E 454.63 feet to the point of
beginning, and containing 23.97 acres, more or less. Less and Except: A part of the SE '/4 of he SE '14 of
Section 21, T-16-N, R-30-W, Washington County, Arkansas, being more particularly described as follows:
Beginning at a point that is South 168.82 feet form the NW corner of said 40 acre tract; thence East 275
feet; thence South 237.6 feet to the North Right-of-Way line of 19th Street; thence along said Right-of-Way
line, West 275 feet; thence leaving said Right-of-Way line North 237.6 feet to the point of beginning, and
containing 1 .5 acres, more or less.
Also being known as the proposed Edgewater Park Subdivision.
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City of Fayetteville eo/ iq ARG! � o
Staff Review Form _J O
City Council Agenda Items
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Contracts �Gt
August 19, 2008
City Council Meeting Date
Sondra Smith/Amber Wood City Clerk City Clerk
Submitted By Division Department
Action Required:
An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 31 - Edgewater Park
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 S. Richard
Levin on behalf of the Improvement District.
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Cost of this request Category / Project Budget Program Category / Project Name
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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 A
nt Director ate Original Contract Date:
ZL Original Contract Number:
City Attorney Date
Received in City Clerk's Office '
FinanLannternal Service Director Date
Received in Mayor's Office 0
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Mayor Date
Comments:
Y� � Y RECEIVED 113 West Mountain
ARKANSAS
Fayetteville, AR 72701
AUG 8 2008 Telephone: (479) 575-8323
CITY OF FAYETfEVILLE Fax: (479) 718-7695
MAYOR'S OFFICE city_clerk@ci.fayetteville.ar.us
City Clerk/Treasurer Division
August 8, 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. 31 -
Edgewater Park 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. 31 — Edgewater Park 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.
of
Amber Wood
Deputy City Clerk
cc: Kit Williams, City Attorney
James N. McCord
r
RECEIVED
AUG 0 8 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
f Airtmirtmom; August 7, 2008
Sondra Smith VIA HAND DELIVERY
Fayetteville City Clerk
Fayetteville City Hall
113 W. Mountain St.
Fayetteville, AR 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. _- Edgewater Park 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. _- Edgewater Park Subdivision Infrastructure Project. Please file mark
each Petition, retain one for the City's permanent file and 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.
(2) If the govrning 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.
:tzx
3996 N. Frontage Rd., Suite 3 Fayetteville. Arkansas 72703 479-695-6ioo Fax. 1-866-525-1503
(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 for a real estate
development is merely a financing alternative for the cost of 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 the
lots and parcels 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 improvement district tax may be prepaid
in a lump sum.
Should there be any questions, please contact me.
Sincerely,
S. Richard Levin
RECEIVED
AUG 0 8 2008
CITY OF FAYETT EVILLE
NOTICE CITY CLERK'S O TICE
YOUR SIGNATURE HEREON SHOWS THAT YOU SUPPORT THE
ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE
DISTRICT IS FORMED, YOU MAY BE CHARGED FOR THE COST
OF THE IMPROVEMENTS .
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
IN RE: FAYETTEVILLE MUNICIPAL PROPERTY
OWNERS ' IMPROVEMENT DISTRICT NO.
—EDGEWATER PARK SUBDIVISION
PETITION FOR FORMATION OF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT
NO. —EDGEWATER PARK SUBDIVISION
TO: THE HONORABLE DAN COODY
MAYOR, FAYETTEVILLE, ARKANSAS
The undersigned, VERVE, LLC, an Arkansas limited liability company (the
"Petitioner"), representing the record owner of all real property within the boundaries of the
proposed municipal property owners' improvement district (the "Proposed District"), does hereby
petition the City Council of Fayetteville Arkansas, under Arkansas Code Annotated Section 14-
94- 101 , et seg. (the "Municipal Property Owners' Improvement District Law"), to lay off into a
municipal property owners' improvement district the real property described in the attached
EXHIBIT A which is incorporated herein by this reference.
The Proposed District shall be formed for any one or all of the following purposes:
purchasing, accepting as a gift, constructing or maintaining waterworks, recreational facilities,
systems of gas pipelines, sewers or grading, draining, paving, curbing and guttering streets and
highways and laying sidewalks or establishing, equipping and maintaining rural fire departments;
or for more than one of these purposes and doing all things reasonably incidental to the
accomplishment of any of the foregoing; or doing all things now or hereinafter permitted under
applicable law, including without limitation the Municipal Property Owners' Improvement
District Law.
Furthermore, a Certificate of Abstractor prepared by an abstract and title company is
attached hereto as EXHIBIT B and incorporated herein by this reference and provides that the
Petitioner is the record owners of all of the real property located within the area of the Proposed
District. The Petitioner further petitions the City Council to name the following persons as
commissioners of the Proposed District: John Nock, Wayne Shaw, and Steve Aust. Each of
these persons is an individual of integrity and good business ability and is a property holder or a
designated representative of a property holder in the District.
The Petitioners further petition the City Council to select the following as the Proposed
District's name: "FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT
DISTRICT NO. —EDGEWATER PARK SUBDIVISION".
This Petition may be circulated to the Petitioners for signature in several identical
counterparts, which shall be considered as a whole.
[This space intentionally left blank; signatures to follow]
Notice and Petition Page 2
i
[Signature page to Petition for Formation of
Municipal Property Owners ' Improvement District]
This Notice and Petition is submitted by the undersigned to the City Council of the City
of Fayetteville, Arkansas as of this —L day of�, 2008.
PETITIONER:
VERVE, L C
By:
Title:
THE UNDERSIGNED EXECUTE THIS PETITION
IN ORDER TO EVIDENCE THEIR SUPPORT OF THE
REQUESTS SET FORTH HEREIN AND TO EVIDENCE
THEIR AGREEMENT TO SERVE AS COMMISSIONERS
OF THE PROPOSED DISTRICT:
r ,
EXHIBIT A
to
Petition for Formation of
Fayetteville Municipal Property Owners' Improvement District No. _
[Real Property Description]
Notice and Petition Page 2
EXHIBIT B
to
Petition for Formation of
Fayetteville Municipal Property Owners' Improvement District No.
[Certificate of Abstractor]
Notice and Petition Page 3
