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Home My WebLink AboutOrdinance 5234 T N=Ta AO- Fmmom l+D � . Ann W e n`rt= on ,. am 0— r ma rtm o•• — o om ��U'3t 1a1 _4 1 2' U� ��h0\mA OO<9N (nom C• mo V= M DO O OrtDno OC y Il.l �O rm N_ CA) N m .. — ro r= ORDINANCE NO. 5234 pp 3 AN ORDINANCE CONCURRING WITH FARMINGTON ORDINANCE NO. 2009-05, PROVIDING FOR THE VOLUNTARY DETACHMENT OF CERTAIN LANDS FROM THE CITY OF FAYETTEVILLE, AND ATTACHING SAID LANDS TO THE CITY OF FARMINGTON WHEREAS, two property owners (Samples and Tennants) petitioned the Farmington City Council to be annexed into Farmington if the Fayetteville City Council agreed to detach their property described in Exhibit"A" from Fayetteville; and WHEREAS, Farmington passed Ordinance No. 2009-05 on March 9, 2009 which states that if the Fayetteville City Council votes for the proposed detachment and annexation ordinance, then "a prima facie case for detachment and annexation (of the property described in Exhibit A) shall be established ......; and WHEREAS, the Fayetteville City Council held a public hearing on this subject as required by A.C.A. § 14-40-201 on April 7, 2009, after Farmington published a notice for this public hearing at least fifteen (15) days before the hearing. 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, Arkansas hereby concurs with Farmington Ordinance No. 2009-05 providing for the simultaneous detachment from Fayetteville and annexation into Farmington of that property described in Exhibit"A". PASSED and APPROVED this 2151 day of April, 2009. sU GO Y oF'eG� APPROVED- ATTEST: E aFAYETTEVILLE.- /m,;�ti By: By: w 'tl�j"AB,;;GTON��G�°°°°° O ELD JOO Mayor SO RA E. SMITH, City Clerk/Treasurer EXHIBIT A Tennant Detachment Legal Description A part of the Southwest Quarter (SW'/4) of the Northwest Quarter (NW'/4) of Section Sixteen (16), Township Sixteen (16) North, Range Thirty-one (31) West, described as beginning at a point which is N89037'1 3"W 590.95 feet from the Northeast corner of said forty acre tract, said point being a found iron pin; thence N89037'13"W 61.60 feet to a found iron pin; thence S13020'00"E 310.13 feet to a found iron pin; thence S8030'00"E 94.59 feet to a set iron pin; thence S03040'00"E 169.90 feet to a set iron pin; thence S9029'45"E 205.06 feet to a found iron pin; thence S15019'30"E 64.13 feet to a found iron pin; thence S89°57'40"W 319.84 feet to a found iron pin; thence S9001'00"E 496.80 feet to a found iron pin; thence along the South line of the SW'% of the NW'/4 S89°43'03"E 762.00 feet; thence N0043'02"W 923.77 feet to a set iron pin; thence N89050'51"W 508.70 feet to a set iron pin; thence N8°30'00"W 104.70 feet to a found iron pin; thence N13020'00"W 302.76 feet to the point of beginning, containing 15.01 acres, more or less, Washington County, Arkansas. Washington County, AR I certify this instrument was filed on 05/04/2009 02:13:12 PM and recorded in Real Estate File Number 2009-0001371 Bette Stamps- Circuit C by RECEIVED (� �y•� t y� APR. 3 0 2009 ArkmsaS Demo ax CITY OF FAYETTEVILLE "Y CITY CLERK'S OFFICE •• s 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 #5234 April 27, 2009 Publication Charge : $123.74 Signed: -- __ Subscribed and sworn to before me This 2?day of Qwr c,>B 2009. Notary Public My Commission Expires: y2 J Do not pay from Affidavit, an invoice will be sent NA J4 �.GpMM.FkA.is a 0jARY W; Pulav ry'ys YS,y/ 4 �. AY Q6-" Q• iyG�Gp.. RECEIVED APR. 3 0 2009 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5234 AN ORDINANCE CONCURRING WITH FARMING- TON ORDIVOLUNNCE TARY D. ACHM5,PROVIDING FORTaye THE VOLUNTARY DETACHMENT OF CERTAIN LANDS ING SN HE CITY OF THEFAYETTEVILLE,IOFAND ATTACHING SAID LANDS TO THE CITY OF FARM- INGTON ARKANSAS WHEREAS,two properly owners(Samples and Tennan(s)petitioned the Farmington City Council to be annexed into Farmington if the Fayetteville City Council agreed to detach their property described in Exhibit"A"from Fayetteville;and WHEREAS,Farmington passed Ordinance No:200fLT5 on March 9,2009 which states that if the Fayetteville City Council votes for the proposed detachment and annexation Ordinance,then 'a I prima facie case for detachment and annexation(of the property described in Exhibit A)j shall be established and WHEREAS,the Fayetteville City Council held a public hearing on this subject as required by A.C.A. §1440-201 on April 7,2009,after Farmington Published a notice for this public hearing a[least fit- an(15)days before the hearing. . , NOW,THEREFORE, BE IT ORDAINS FAYETTEVILLE,ARKANSAS: D BY-THE CITY COUNCIL OF THE-CITY OF Soclionl That the City Council of the City of Fayetteville,Arkansas hereby concurs with Farmington Ordinance No.2009L05 providing for the simultaneous detachment from Fayetteville and annexation into Farmington of that property described in Exhibit"A'. PASSED and APPROVED this 21st day of April,2009, APPROVED: ATTEST By: B LIONELD JORDAN,Mayor- SONDRA E.SMITH,Cfty Cierk/4easerer EXHIBIT Tennant Detachment Legal Description A part of the Southwest Quarter(SW A)of the Northwest Quarter(NWA)of Section Sixteen(16),Township Sixteen(16)North,Range Thirty-one(31)West,described. as beginning at a point which is N89°37'13'W 590.95 feet from the Northeast corner of said forty acre tract,said point being a found iron pin;thence N89°37'13'W 61.60 feet to a found iron pin;thence S13°20'00-E 310.13 feet to a found iron pin;thence S8°30'00'E 94.59 feet to a set iron pin;thence S03°40'00'E 169.90 feet to a set fron pin;thence S9°29'45'E 205.06 feet to a found iron pin;thence S15-19.30-E 64.13 feetko a found iron pin;thence S89°57'40'W 319.84 feet to a found iron pin;thence S9°01'00'E 496.80 feet to a found iron pin;thence along the South line of the SWI. of the NWY4 S8964TOTE 762.00 feet;thence NO°43'02'W 923.77 feet to a set iron .pin;thence N89-50.51-W 508.70 feet to a set iron pin;thence N8°30'00'W 104.70. feet to a found iron pin;thence 1\113°20'00'W 302,76 feet to the point of beginning, containing 15.01 acres,more or less,Washington County,Arkansas -. City of Fayetteville Staff Review Form City Council Agenda Items . and Contracts, Leases or Agreements City Council Meeting Date �( Agenda Items Only Jeremy Pate b` Planning Operations Submitted By Division Department Action Required: Approval of an ordinance consenting to the request by Steven and Sandra Tennant and AI and Yvonne Samples to simultaneously de-annex properties from the City of Fayetteville and annex said properties into the City of Farmington, as adopted by the the City of Farmington in Ordinance No. 2009-0A S 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 Budget Adjustment Attached Previous Ordinance or Resolution# n/a Department Director Date Original Contract Date: n/a Original Contract Number: n/a City Attorney Date ERe Fi ance and Internal Services Director Date Received in City 'v O Clerk's Office f of S D to ` Received in Mayors Office 7 ay r *at Comments. Revised January 15,2009 P��a�a c. Xf r ran Cy-,lyv V/-9/,";�? FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: Farmington City Clerk FROM: Kit Williams, City Attorney DATE: March 17, 2009 RE: Simultaneous detachment to Farmington (second ordinance) Farmington has passed Ordinance No. 2009-05 on March 9, 2009 and provided a copy to Fayetteville. We have notified Farmington to publish the 15 day pre-hearing notice so that Fayetteville can conduct a hearing on this detachment during its April 7, 2009 meeting. This decision is totally within your discretion. Please see the memos from Jeremy Pate and Steve Davis to explain why the two property owners are seeking this simultaneous detachment/annexation. City Council Meeting of March 17, 2009 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff From: Jeremy Pate, Director Current Planning Date: 23 February 2009 Subject: Tennant/Samples De-annexation RECOMMENDATION The request is to adjust the the city's municipal boundary in order to allow Farmington's City Attorney to reside within the City of Farmington on property recently annexed by general election into the City of Fayetteville. Absent any specific policy directives from the City Council regarding deannexation, staff has evaluated the request and does not object to the proposed deannexation, finding that the unique circumstances surrounding this request of the Farniington City Attorney will not establish a precedent for future de- annexation requests from the City of Fayetteville, and finding that the reduction of agriculturally-zoned land in this area of the City will not have a great impact on future services or revenue. BACKGROUND The subject property contains three parcels totaling approximately 15 acres located within the City of Fayetteville. The property is accessed from Wilmoth Road, east of 85th Avenue, and currently contains a recently constructed single family home, accessory structures and agricultural land. The land is owned by the Tennants and Samples, all family members. The petitioner, Mr. Tennant, has served as the city attorney for the City of Farmington since 1998. Mr. Tennant has resided within the city limits of Farmington, until the completion of his family's new home on the subject property, which was in the unincorporated area of Washington County. The petitioner believed he could continue to serve as Farmington's elected city attorney while residing at the new location within Washington County, and to use the property for farming and hunting purposes, with the option to voluntarily annex into the City of Farmington at some later date. However, in 2006, this property was annexed into the City of Fayetteville by general election, which complicates the ability of Mr. Tennant to remain as city attorney for Farmington. The Attorney General recently opined that a city's attorney must reside at all times within the jurisdiction they represent (see attached AG opinion), which is applicable in this case. The options presented to Mr. Tennant are: 1)Attempt to sell the property and recently constructed home and reside in Farmington; 2) Resign as City Attorney, requiring Farmington to call a special election or contract for services 3)Request to de-annex from Fayetteville and annex into Farmington. City Council Meeting of March 17, 2009 Agenda Item Number It is Mr. Tennant's desire to continue to serve as Farmington's city attorney, and live in the newly constructed home on his family's land. The intended use of the land is rural residential, a goal that is more consistent with nearby land use within Farmington than that of Fayetteville. Consequently, the applicant has petitioned the cities of Farmington and Fayetteville for a municipal boundary amendment. Pursuant to A.C.A §14-40-2101, two contiguous municipalities may simultaneously detach and annex territory, subject to approval from the governing body of each municipality. DISCUSSION The City of Farmington has agreed to the petitioner's request, and accordingly adopted Ordinance No. 2009-02. In addition, the petitioner provided a summary of comments from Emergency Response providers of Farmington, which all supported this request. The unique circumstances of this particular petition demonstrate to staff that the request does not establish a precedent for future de-annexation in a similar manner. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE CONCURRING WITH FARMINGTON ORDINANCE NO. 2009-05, PROVIDING FOR THE VOLUNTARY DETACHMENT OF CERTAIN LANDS FROM THE CITY OF FAYETTEVILLE, AND ATTACHING SAID LANDS TO THE CITY OF FARMINGTON WHEREAS, two property owners (Samples and Tennants) petitioned the Farmington City Council to be annexed into Farmington if the Fayetteville City Council agreed to detach their property described in Exhibit"A"from Fayetteville; and WHEREAS, Farmington passed Ordinance No. 2009-02 on March 9, 2009 which states that if the Fayetteville City Council votes for the proposed detachment and annexation ordinance, then "a prima facie case for detachment and annexation (of the property described in Exhibit A) shall be established ... "; and WHEREAS, the Fayetteville City Council held a public hearing on this subject as required by A.C.A. §14-40-201 on April 7, 2009, after Farmington published a notice for this public hearing at least fifteen (15)days before the hearing. 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, Arkansas hereby concurs with Farmington Ordinance no. 2009-05 providing for the simultaneous detachment from Fayetteville and annexation into Farmington of that property described in Exhibit"A". PASSED and APPROVED this 21"day of April,2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer IIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIII Doc ID: 012753710004 Tvoe: REL Recorded: 03/13/2009 at 08:56:36 AM Fee Amt: $30.00 Paae 1 of 4 F-F— 1 Hashinaton Countv. AR L D Bette Stamps Circuit Clerk F11e2009-00007318 2r 09 MAR 13 AM 9: 00 iEra 7-1 vEr i 0,6 &PRo ORDINANCE No. 2009-05 AN ORDINANCE TO REPEAL ORDINANCE 2009-02 AND ADOPT A NEW ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM THE CITY OF FAYETTEVILLE AND ANNEXING SAID TERRITORY INTO THE CITY OF FARMINGTON, PURSUANT TO A.C.A. 14-40-2101 WHEREAS, A.C.A.14-40-2 101 provides a procedure for the simultaneous detachment of territory from one municipality and annexation of such territory into an adjoining municipality; and WHEREAS, Steven and Sandra Tennant and Al and Yvonne Samples are desirous of detaching from Fayetteville into Farmington. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMINGTON, ARKANSAS: SECTION 1. That Farmington Ordinance 2009-02 is repealed and this ordinance is adopted in its stead. SECTION 2. That certain territory presently within the corporate limits of the City of Fayetteville is contiguous to and adjoins the City of Farmington. The City of Farmington hereby calls for the simultaneous detachment and annexation of the lands that are described in Exhibit A, which is attached hereto and incorporated herein by reference. SECTION 3. That the proposed detachment and annexation of lands described in Exhibit A was requested by the owners of the subject property. SECTION 4. That a copy of this ordinance shall be sent to the governing body of the City of Fayetteville. Within sixty (60) days of the date this ordinance was proposed, the governing body of the City of Fayetteville shall conduct a public hearing on the proposed detachment and annexation. SECTION 5. That at least fifteen(15) days prior to the date of the public hearing, the Farmington City Clerk shall publish a legal notice of said public hearing, which shall also set out the legal description of the territory proposed to be detached and annexed. SECTION 6. That at said public hearing, officials of both municipalities, as well and property owners within the area proposed to be detached and annexed,may appear and present their views on the proposal. SECTION 7. That at the next regularly scheduled meeting of the Fayetteville City Council following the public hearing, said City Council may bring proposed ordinance up for a vote to concur in the detachment and annexation. If approved, a prima facie case for detachment and annexation shall be established, and the City of Farmington shall proceed to render services to the newly annexed area. PASSED AND APPROVED THIS 9th DAY OF MARCH, 2009. C/Ty / p 1 , n Ernie Penn, Mayor Kelly Tho s, City Clerk EXHIBIT A Tennant Detachment Legal Description A part of the Southwest Quarter(SW%) of the Northwest Quarter (NW'/<) of Section Sixteen (16). Township Sixteen(16) North, Range Thirty-one (31) West, described as beginning at a point which is N89°37'13"W 590.95 feet from the Northeast corner of said forty acre tract, said point being a found iron pin; thence N89037'13"W 61.60 feet to a found iron pin; thence S13020'00"E 310.13 feet to a found iron pin; thence SW30'00"E 94.59 feet to a set iron pin; thence S03040'00"E 169.90 feet to a set iron pin; thence S9029'45"E 205.06 feet to a found iron pin; thence S15°19'30"E 64.13 feet to a found iron pin; thence S89057'40"W 319.84 feet to a found iron pin; thence S9001'00"E 496.80 feet to a found iron pin; thence along the South tine of the SWI/4 of the NW`% S89°43'03"E 762.00 feet; thence NO°43'02"W 923.77 feet to a set iron pin; thence N89050'51"W 508.70 feet to a set iron pin; thence N8030'00"W 104.70 feet to a found iron pin; thence N13020'00"W 302.76 feet to the point of beginning, containing 15.01 acres, more or less, Washington County, Arkansas.