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Home My WebLink AboutOrdinance 5180 ORDINANCE NO, 5180 AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 32 — PARK WEST COMMERCIAL DEVELOPMENT INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development 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 October 7, 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 an abstracter' s 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 1T 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. 32 — Park West Commercial Development 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. Page 2 Ord. No. 5180 Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Tracy K. Hoskins, L. Celeste Hoskins and James Patton. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development 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 purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. I if PASSED and APPROVED this 7th day of October, 2008. eFAYETTEVILLE ' APPROVED: ATTEST: qS °9RKANS�:C�J %d• vex''y;;�GTOW��` By: By: DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer EXHIBIT `°A" A PART OF THE EAST HALF (E 1 /2) OF THE SOUTHWEST QUARTER (SW 1 /4) AND A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4), ALL IN SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1 /4) OF THE SOUTHWEST QUARTER (SW I /4) OF SAID SECTION 28, AND CONTINUING SOUTH 87014'29" E ALONG THE NORTH BOUNDARY OF SAID FORTY (40) ACRE TRACT 634.01 FEET; THENCE LEAVING SAID EAST LINE SOUTH 00° 11 '32" W 628.47 FEET; THENCE SOUTH 03°03 ' 56" W 178.40 FEET; THENCE SOUTH 87012112" E 1320.36 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 87012" 12" E 607. 17 FEET TO AN EXISTING IRON PIN ON THE WESTERLY RIGHT-OF-WAY OF ARKANSAS HIGHWAY 112, SAID RIGHT-OF-WAY BEING 55 FEET WEST OF SAID HIGHWAY CENTER LINE; THENCE ALONG SAID RIGHT-OF- WAY SOUTH 02043105" W 1453 .41 FEET; THENCE SOUTH 02° 02 ' 13" W 63 . 14 FEET; THENCE SOUTH 00011 '37" W 29.77 FEET; THENCE SOUTH 00' 11 '37" W 22.20 FEET; THENCE SOUTH 03004'20' E 40.08 FEET; THENCE SOUTH 07°04' 17" E 55.68 FEET; THENCE SOUTH 11050' 57" E 58.74 FEET; THENCE SOUTH 15035 ' 06" E 30. 17 FEET; THENCE NORTH 87009' 05" W 592. 81 FEET; THENCE NORTH 02° 32 ' 56" E 291 .07 FEET; THENCE NORTH 870 27'04" W 50.00 FEET; THENCE NORTH 02°32' 56" E 1457.27 FEET TO THE POINT OF BEGINNING, CONTAINING 24.01 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; SUBJECT TO EASEMENT OR RECORD DESCRIBED AS INSTRUMENT # 9344456 AND 2002 084864, AND OTHER DOCUMENTS OF RECORD NOT SHOWN HEREON. Arkansas Democrat ` oFaxette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles , do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville Ordinance 5180 October 14, 2008 Publication Charge : $ 131 .88 Signed: Subscribed and sworn to before me Thisjy day of Q�-WAe 2008 . Notary Public j6� � My Commission Expires: ly2ar G o70 Do not pay from Affidavit, an invoice will be sent �MM ... QL �GQSAR� � ECEIVED PUS OCT 16 2008 CQ.. CITY OF FAYETTEVILLE CIN CLERK'S OFFICE ORDINANCE NO. SIBOORDINANCE q1f AN ORDINASOCIE TO ESTABLISH STAE F7eSt YERS' I P UNIENT � a . a e evl le OWNERS' IMPROVEMENT DISTRICT 2 - PARK WEST COMMERCIAL IOPMENT INFRASTRUCTURE PROA I I�f ARKANSAS ( AS, a Petition to form Fayetteville Municipal Property OwrersX aprevairent District No. 32 CanmBrclal Development Infrastructure Project has been Man %dill the Fayetteville City Clerk; and )If ' WHEREAS, the Cly Clerk nos presented said petition to the Mayor; and i WHERE", EEe, the ttBMayy r has set October 7, 2008, at 6:00 p.m. as me date and time for a hearing Y y Council for Wconsideration of said petition and ( HEREAB, the Fayetteville CityCeuncg has determined from an absliecterk certifcate of proper a ownership that signing me Pan Jim c0ns11Nle all the owners Of no real property to be bctit- d in the district; and ntl I I WHEREAS, the Arkansas Municipal Property Owners' Improvement District Lew provldas at Ark. t Cade Ann. Sec. 10.9E-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 fa the improvements, I shall then be its duty by ordinance to establish and IaY of the district as defined in the petition antl to appoint the 00m nisslorlers named in the petition. W NOW, THEREFORE, BE IT ORDAINED BT THE CITY COUNCIL OF THE CCTV OF FAYETTEVILLE, MKANSAsr 111 Section 1: Trial Ne real property described In Exhiblt 'A' attached hereto and made a part hereof Is hereby estON ad antl Is*d ak as Fayetteville Municipal Property Owners' Ingxovotent District No. 32 - Park Wesl Cannercial Development Infrastructure Project for the purpose of "Scruging, purchasing, eccepling as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for me installation by public utilities ar municipal utilities al electric and telephone distriblrllon systane, sanitary sewers, streets end ies a ways including curbs and gutters, and sldewal s, together with facilities related to any of ale i going, or for more than dna of ttgsa purposes. : . ISection 2: The fallowing three Individuals are hereby appointed as 00ngnlssloners of said Improve. Mand district: Tracy K. Hoskins, L Celeste Hoskins and James FROM il( Seclicn 3: The name of said improvement distriq shall be Fayetteville Municipal Property Owners' Improvement District No. 32 - Park West Commercial Development Project. Infrasbucture Proj Section 6: The district shag M cease to exlst upon the acquiring, constructing Of corect. n of me fnlprovements, but It shall continue to exist for the purpose Of preserving; maintaining, and operat- ing the Improvements, replacing equipment, paying salaries to employees and performing any other functions or services aulhorized in Ark. Code Ann., Tine 14, Chapter 94. PASSED and APPROVED this 7th day Of October, 2008, 1 APPROVED: By: DAN COODY, Mayor ATTEST By: SONDRA E. SMITH, Ciy CIerWReasurer EIIHIBIT •A^ tit APART OF THE EAST HALF(E /2) OF THE SOUII{WEST OUARiER (SWI[/d)gNDA PART pF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUA RTER (SE 1/4), ALL IN SECH)ANDAPON 28. RTOFTNSHIP I7 NORM, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE I. SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 28, AND COMTNUING SOUTH 87.14'29' E i ALONG THE NORTH BOUNDARY OF SAID FORTY (40)ACRE TRACT 834.01 FEET,' THENCE LEAV- ING SAID EAST LINE SOUTH 00^11'37 W 828.47 FEET; THENCE SOUTH 03°03'Sfi' W 178.40 E THE[ THSNCESOUTH 82* E ' E1FE FEET, SAID PO INT BEING THE PgNTOFBEGINNING; OF-WATHENCE SOUTH 87°1712' E SiBFEET TO AN IXISTIN(I IRON PIN Of4 THE WESTERLY RIGHT- HIGHW OF ARKANSAS HIGHWAY 172, SAID RIGHLpF-WAY BEING 55 FEET WEST OF SAID ! HIGHWAY CENTER LINE: THENCE ALONG SAID RIGHF- SOUTH 02°43'05' W 1453.41 E FEET' THENCE SOUTH 02° 0213' W 63.14 FEET THENCE SOUTH 00 1137' W 29.77 FEET; THENCE SOUTH 00011'37' W 22,20 FEET, THENCE THENCE SOUTH 03°09'20' E 40.09 FEET; SOUTH 07°04'1T E 55.68 FEET; THENCE SOUTH 11'50'5]' E 58.74 FEET, THENCE SOUTH E 291 s .16' E 30.17 FEET; THENCE NORTH 87°09'05' W 592.81 FEET: THENCE NORTH 026 32'56' FEET T E TT FEET; THENCE NORTH BT 2.04' W 50.00 FEET CE THENNORTH 02032'56' E 1457.27 O THE POINT OF BEGINNING, CONTAINING 24.01 ACRES, MORE OR LESS, FAYET- TEVILLE, WASHINGTON COUNTY, ARKANSAS: SUBJECT TO EASEMENT OR RECORD DESCRIBED AS INSTRUMENT a 9344456 AND 2002 084864, AND OTHER DOCUMENTS OF RECORD NOT SHOWN HEREON. Ilk — RECEIVED OCT 16 zoos CITY OF FAYETTEVILLE CITY CLERK'S OFFICE City of Fayetteville Staff Review Form I City Council Agenda Items adk4 j� fw or � Contracts aha o� October 7, 2008 City Council Meeting Date Sondra E. Smith City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 32 - Park West Commercial Development 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 # Departme Director Date Original Contract Date: Original Contract Number: City Attorney Date ReceW Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office � ED Mayor Date Comments: • Ye � evl e RECEIVED ARKANSAS SEP 2 5 2008 113 West Mountain Fayetteville, AR 72701 CITY OF FAYETTEVILLE Telephone: (479) 575-8323 MAYOR'S OFFICE Fax: (479) 718-7695 c i ty_c I e rk@ci.fayettev i l l e.a r.0 s City ClerklTreasurer Division September 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. 32- Park West Commercial Development 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. 32 — Park West Commercial Development 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, Ponda E. Smith City Clerk/Treasurer cc: Kit Williams, City Attorney James N. McCord s RECEIVED SEP 2 5 2008 JAMES N. McCORD CITY CIITY CLERWS o�CE Attorney at Law 217 E. DICKSON STREET SUITE #102 FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 442-1490 i immccordlaw(a)alltel. net September 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. 3.Z Park West Commercial Development 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. 3o? - Park West Commercial Development 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. (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. • • s (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 Abstracter' s 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, yy� ames N. McCord pc: Kit Williams, City Attorney Tracy Hoskins ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAYOFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS ' IMPROVEMENT DISTRICT NO. 32 — PARK WEST COMMERCIAL DEVELOPMENT INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development 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 October 7, 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 an abstracter' s 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. 32 — Park West Commercial Development 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. I' 1 Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Tracy K. Hoskins, L. Celeste Hoskins and James Patton. Section 3 : The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 32 — Park West Commercial Development 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 purpose of preserving, maintaining, and operating the improvements, replacing equipment, paying salaries to employees, and performing any other functions or services authorized in Ark. Code Ann., Title 14, Chapter 94. PASSED and APPROVED this 7th day of October, 2008 . APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" A PART OF THE EAST HALF (E %2) OF THE SOUTHWEST QUARTER (SW '/4) AND A PART OF THE WEST HALF (W %) OF THE SOUTHEAST QUARTER (SE '/4), ALL IN SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHWEST QUARTER (SW '/4) OF SAID SECTION 28, AND CONTINUING SOUTH 87014'29" E ALONG THE NORTH BOUNDARY OF SAID FORTY (40) ACRE TRACT 634.01 FEET; THENCE LEAVING SAID EAST LINE SOUTH 00° 11 ' 32" W 628.47 FEET; THENCE SOUTH 03°03 '56" W 178 .40 FEET; THENCE SOUTH 87° 12' 12" E 1320.36 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 87012" 12" E 607. 17 FEET TO AN EXISTING IRON PIN ON THE WESTERLY RIGHT-OF- WAY OF ARKANSAS HIGHWAY 112, SAID RIGHT-OF-WAY BEING 55 FEET WEST OF SAID HIGHWAY CENTER LINE; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02043 ' 05" W 1453 .41 FEET; THENCE SOUTH 02° 0213" W 63 . 14 FEET; THENCE SOUTH 00011 ' 37" W29.77 FEET; THENCE SOUTH 00° 11 '37" W 22.20 FEET; THENCE SOUTH 03004'20' E40.08 FEET; THENCE SOUTH 07°0417" E 55.68 FEET; THENCE SOUTH 11050' 57" E 58 .74 FEET; THENCE SOUTH 15°35 ' 06" E 30. 17 FEET; THENCE NORTH 87009105" W 592 .81 FEET; THENCE NORTH 020 32' 56" E 291 .07 FEET; THENCE NORTH 870 27 '04" W 50.00 FEET; THENCE NORTH 02032' 56" E 1457.27 FEET TO THE POINT OF BEGINNING, CONTAINING 24.01 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS ; SUBJECT TO EASEMENT OR RECORD DESCRIBED AS INSTRUMENT # 9344456 AND 2002 084864, AND OTHER DOCUMENTS OF RECORD NOT SHOWN HEREON.