HomeMy WebLinkAboutOrdinance 5317 Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli "�IIIIIIII
Doc ID: 013443880004 Type: ., L
Kind: ORDINANCE
Recorded: 05/17/2010 at 04:08:33 PM
Fee Amt: $30.00 Pao@ 1 of 4
Washlnoton County. AR
Bette Stamps Circuit Clerk
Fi1e2010-00013259 _. v
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ORDINANCE NO. 5317
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7
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY FROM
THE CITY OF JOHNSON AND ANNEXING SAID TERRITORY INTO-fHE
CITY OF FAYETTEVILLE, PURSUANT TO A.C.A. §14-40-2101
WHEREAS, A.C.A. §14-40-2101 provides a procedure for the simultaneous detachment
of territory from one municipality and annexation of such territory into an adjoining
municipality; and
WHEREAS, the City Councils of Johnson and Fayetteville have passed Resolutions in
March of 2010 expressing their joint intent to move about 99 acres from Johnson into
Fayetteville, enter into a sewer contract in which Fayetteville agrees to allow access to its sewer
mains within its water service area in Johnson, enter into an enhanced water service contract for
Fayetteville's water service area within Johnson, assist in the right-of-way acquisition and
construction of the extension of Van Ashe Boulevard, and other agreements; and
WHEREAS, the City Council of the City of Fayetteville is desirous of moving
approximately 99 acres from Johnson into Fayetteville to provide a more manageable and clear
city limits border between the cities, to facilitate the construction of Van Ashe Boulevard. and to
extend sewer service and enhanced water service into the City of Johnson.
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 calls for the
simultaneous detachment from Johnson and annexation into Fayetteville of about 99 acres of
property shown on Exhibit A and described on Exhibit B (attached).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the City of Johnson schedule and hold a public hearing on the detachment and annexation
within 60 days of the effective date of this ordinance and notify the Fayetteville City Clerk of the
date for the public hearing in sufficient time for her to publish a legal notice at least 15 days
before the hearing.
Page 2
Ordinance No.5317
Section 3: If the City of Johnson concurs by ordinance in the simultaneous detachment
from Johnson and annexation into Fayetteville of the land shown on Exhibit "A" and described
on Exhibit `B", the City Council of the City of Fayetteville, Arkansas, has hereby annexed the
said land (about 99 acres) into Fayetteville, amended the official map of Fayetteville and
assigned the land to Ward 2 of the City of Fayetteville.
PASSED and APPROVED this 20th day of April, 2010.
APPROVED: ATTEST:
K
By' By Ja4UM .
I NELD J AN, Mayor SON RA E. SMITH, City lerk/Treasurer
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Exhibit B
The South 1250 feet of the Northwest Quarter of Section 27,Township 17 North, Range
30 West, Washington County, Arkansas.
Less and except that portion of South McGuire Street right-of-way lying within the above
described lands.
And
A part of the Southwest Quarter(S W%) of the Northeast Quarter(NEI/4)of Section 27,
Township 17 North Range 30 West, more particularly described as follows: Beginning at
the Southwest Corner of said 40 Acre tract,and running thence North 832.92 feet along
the West line of the NE 1/4; thence East 610.5 feet;thence North 50° 00' 00"East 448.8
feet to the west right-of--way line of the Arkansas &Missouri Railroad; thence East 75
feet to a point on the west right-of-way line of Gregg Ave; thence East 25 feet; thence
South 01° 00' 00"East 1121.58 feet, more or less, to the South line of the NE'/ of
Section 27,Township 17, Range 30; thence West 1073.88 feet along the South line of
NE%, more or less, to the point of beginning, containing a total of 99 acres, more or less.
Washington County,AR
I certify this instrument was filed on
05/17/2010 04:08:33 PM
and recorded in Real Estate
File Number 2010-00013259
Bette Stamps-Circuit Cle
AGENDA REQUEST
FOR: COUNCIL MEETING OF APRIL 20, 2010
FROM:
LIONELD JORDAN, MAYOR
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Simultaneously Detaching Territory From The City Of Johnson And Annexing
Said Territory Into The City Of Fayetteville, Pursuant To A.C.A. §14-40-2101
APPROVED FOR AGENDA:
�1 16 / 0
City Attorney Date
Ales=— -q 7 i0
Chief of Staff Date
ayor Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY fil
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPAKTMH:NT
TO: Lioneld Jordan, Mayor
City Council
FROM: Kit Williams, City Attorney
1�
DATE: April 7, 2010
RE: Simultaneous detachment and annexation of 99 acre ordinance
I used ordinances that Fayetteville and Farmington used in 2008 to
simultaneously detach and annex about ten acres from Farmington into
Fayetteville as models for the ordinances I have now drafted. I am trying
to completely comply with A.C.A. §14-40-2101 which governs this
procedure. It has notice, publication, public hearing, etc. provisions that
need to be carefully followed.
PROPOSED TIMELINE
Here is how and when I think this annexation procedure needs to
occur.
(1) On April 20, 2010Fayetteville passes the ordinance expressing its
desire to annex the 99 acres, if Johnson detaches the 99 acres.
(2) Fayetteville sends its passed ordinance to Johnson.
(3) Johnson immediately and officially schedules the statutory public
hearing and notifies our City Clerk Sondra Smith of the date so she can
publish (at least fifteen days prior to the date of the public hearing) a legal
notice setting out the legal description of the territory proposed to be
detached and annexed and the date of the public hearing.
(4) Johnson conducts "a public hearing within sixty (60) days of the
proposal (passage) of the ordinance (from Fayetteville) calling for the
detachment and annexation." A.C.A. §14-40-2101(b)(2). I propose
Johnsons public hearing which is required to be within sixty days of the
passage of our ordinance (April 20?) will be during its regular June City
Council meeting of June 8th to give our City Clerk enough time to publish
the required notice fifteen days before this hearing (no later than May 23,
2010).
(5) Following Johnson's official notification to City Clerk Sondra
Smith of the scheduling of the public hearing, she will publish the required
statutory notice of the public hearing in the newspaper.
(6) The Johnson City Council will conduct the public hearing on June
8, 2010, but cannot vote on the ordinance agreeing to the
detachment/annexation until "the next regularly scheduled meeting
following the public hearing ...." A.C.A. §14-40-2101(c).
(7) On July 6, 2010, the Fayetteville City Council passes Resolutions
agreeing to the sewer contract with Johnson, water contract with Johnson
and all other agreements referred to in our Resolutions with Johnson and
authorizing Mayor Jordan to sign all such contracts and agreements upon
the City of Johnsons passage and approval of the detachment ordinance on
July 13, 2010.
(8) During its regular scheduled City Council meeting on July 13th,
2010, the Johnson City Council passes the ordinance approving the
detachment/annexation of the 99 acres and the sewer contract, water
contract, and all other agreements referred to in our Resolutions.
Much work on the proposed sewer and water contracts with Johnson
has already occurred. The initial ordinance simultaneously detaching 99
acres from Johnson and annexing it into Fayetteville needs to be passed
April 20 to meet the above timeline.
ORDINANCE NO.
AN ORDINANCE SIMULTANEOUSLY DETACHING TERRITORY
FROM THE CITY OF JOHNSON AND ANNEXING SAID
TERRITORY INTO THE CITY OF FAYETTEVILLE, PURSUANT
TO A.C.A. §14-40-2101
WHEREAS, A.C.A. §14-40-2101 provides a procedure for the simultaneous detachment
of territory from one municipality and annexation of such territory into an adjoining
municipality; and
WHEREAS, the City Councils of Johnson and Fayetteville have passed Resolutions in
March of 2010 expressing their joint intent to move about 99 acres from Johnson into
Fayetteville, enter into a sewer contract in which Fayetteville agrees to allow access to its sewer
mains within its water service area in Johnson, enter into an enhanced water service contract for
FayettevilIe's water service area within Johnson, assist in the right-of-way acquisition and
construction of the extension of Van Ashe Boulevard, and other agreements; and
WHEREAS, the City Council of the City of Fayetteville is desirous of moving
approximately 99 acres from Johnson into Fayetteville to provide a more manageable and clear
city limits border between the cities, to facilitate the construction of Van Ashe Boulevard. and to
extend sewer service and enhanced water service into the City of Johnson.
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 calls for the
simultaneous detachment from Johnson and annexation into Fayetteville of about 99 acres of
property shown on Exhibit A and described on Exhibit B (attached).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests
that the City of Johnson schedule and hold a public hearing on the detachment and annexation
within 60 days of the effective date of this ordinance and notify the Fayetteville City Clerk of the
date for the public hearing in sufficient time for her to publish a legal notice at least 15 days
before the hearing.
Section 3: If the City of Johnson concurs by ordinance in the simultaneous detachment
from Johnson and annexation into Fayetteville of the land shown on Exhibit "A" and described
on Exhibit "B", the City Council of the City of Fayetteville, Arkansas, has hereby annexed the
said land (about 99 acres) into Fayetteville, amended the official map of Fayetteville and
assigned the land to Ward 2 of the City of Fayetteville.
PASSED and APPROVED this 20th day of April, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
RECEIVED
MAY 262010
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NORTHWEST ARKANSAS
NEWSPAPERSLLc
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Benton County,
(Lowell), Arkansas and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville — Public Hearing
May 15, 2010
Publication Charge : $ 84.30
Signed: ________ I
Subscribed and sworn to before me
Thisttf'day of ( ,'l 2010.
Notary Public
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Do not pay from Affidavit, an Invoice will be sent
PUBLIC NEARING
A PUBLIC HEARiNs ON THE OETACHMENT OF ABOUT 99 ACNES OF TER-
RITORY FROM THE CITY OF JOHNSON AND ANNEXING THIS TERRITORY
INTO THE CITY OF FAVETTEYILLE PURSUANT TO A.C,A.114-49-2101 AND
FAYETTEWLLE ORDINANCE NOA317 MULL Of HELD BY THE JOHNSON CITY
COUNCIL AT 5;30 RM.ON TUESDAY THE UN OF JUNE,2010,AT THE JOHN-
SON VOLUNTEER FIRE DEPARTMENT 6810 S.CARDWELL,JOHNSON,AN.
Eith0h"6:The South 1260 feet of the No 1111NO t Quarter of Section 27.
Township 17 North,RAnge 30 Weal,Washington County,Adamoes,less and
eNoept that portion of South McGuire Sheet right-of-way lying wltlln the
aheue dascOhetl lands,and,a part of the Southwsst quarter(SWt4)of the
Narheast Quader(NEK)of Section 27,Townshlp 17 Horth Range SO West,
more partisulady deacilhed As follows: 61191"11109 at the 500thweet Comer
Of said 40 Acre inlet,and run ni"9.thahtce Norlh 832.92 feet along the West
line of the NE 1/4;thence Fest 610.5 feet thence North 50°g0 llo"East
448.6 feet to the west right-ef-way line of the Arkansas&Missouri Hellroed;
thence Eest 75 faef to a point on the WOO r9111-ef-way I Ine of Orogg Ave;
thence East 26 feet thence South 01°00'09"East 1121.58 feet,more or
less,to the South line of the NEY,of Section 27,Township 17,Range 30;
thence west 1673.88 toot along the South line Of NEK,more or lase;to the
point of Winning,containing a total of 99 acres,more or less,
