HomeMy WebLinkAbout28-00 RESOLUTIONRESOLUTION NO. 28-00
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MICRO TIMED
A RESOLUTION APPOINTING LAMAR ANDERSON TO THE
OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS
Section 1. That the City Council hereby appoints Lamar Anderson to the Off -Street
Parking Development District No. 1. A copy of the petition for appointment is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this7th day of March , 2000.
APPROVED: / /,��
By: .J///
ATTEST: /
By: �.?/ L
Heather Woodruff, City Cle
Fred Hanna, Mayor
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CROSS REFERENCE:
Date
Contents of File
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Petition and Nomination EXHIBIT A
To Fill Vacancies
On
Off Street Parking Development District Number 1
City of Fayetteville, Arkansas
To: City Council of the City of Fayetteville
Mayor Fred Hanna
Alderman Heather Daniel
Alderman Robert Reynolds
Alderman Kevin Santos
Alderman Ron Austin
Alderman Trent Trumbo
Alderman Bob Davis
Alderman Cyrus Young
Alderman Kyle Russell
City Clerk, Heather Woodruff
RECEIVED
'JAN 2 7 2000
CITY OF FAYEITEVILLE
CITY CLERK'S OFFICE
Pursuant to Arkansas_ Code Annotated 14-88-304(b), the undersigneds file this Petition
declaring that, as of January 27, 2000, Thomas D. Stockland will no longer be a property owner
within the Off Street Parking Development District Number 1 of the City of Fayetteville,
Arkansas; therefore, his position is deemed vacant upon the Council's receipt of this Petition.
Further, pursuant to Arkansas Code Annotated 14-88-304(b), the undersigneds request
the City Council to name Lamar Anderson, a property owner in the District, as Commissioner to
fill the position vacated by Thomas D. Stockland.
The Petitioners corroborate the fact that Thomas D. Stockland is not a property owner in
the District by attaching the letter of resignation of Thomas D. Stockland, dated January 4, 2000.
The original of this Petition is filed with the City Council by leaving same with the City Clerk.
PE T2-
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•
•
By signing below, we, the Petitioners, verify that we are property owners in the District.
Dated this Q '~day of January, 2000.
PETITIONERS
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,JAN -04-2000 __ FROM STOCKLAND & TRRNTHNM
THOMAS D. STOCKLAND
• CHARLES S. TRANTHAM
Mr. E. Lamar Pettus
PET uS LAW FIRM
P:O: Box 1665
Fayetteville, AR 72702
Dear Lamar
TO ' 4430390 P.02
STOCKLAND & TRANTHAM, P.A.
ATTORNEYS AT LAW
21 SOUTH BLOCK STREET • P.O. BOX 1723
FAYE[TEVILLE. AR 72702-1723
TELEPHONE (501) 521-7130
FAX (501) 521.3608
January 4, 2000
tom@sandtlaw.com
chuck@saaddaw.com
VIA FAX
RE: Off -Street Parking Development District No. 1.
Chuck and I executed a contract to sell our building on the square which is set to close on January
27, 2000. For that reason, I will no longer be qualified to serve on the Off -Street Parking District.
With this letter, I am tendering my resignation effective January 26, 2000 unless you need for me to
resign sooner. t will be happy to attend any meetings called before that time, but I believe I am
ineligible to serve after we have sold the building. If you need additional information, please don't
hesitate to call.
Sincerely,
TDS:cw
is,
•
SPECIAL CERTIFICATE
STATE OF ARKANSAS )
SS
COUNTY OF WASHINGTON)
•
Stec]
egni
We the undersigned, duly and lawfully bonded abstractors
within and for said County and State, do hereby certify that we
made a due and diligent search of the land records of the office
of the Circuit Clerk and the Washington County Tax Collector within
and for Washington County, Arkansas, and we find, certify and
corroborate that Lamar Thomas Anderson aka Lamar Anderson, as of
the date and time of this certification, has a vested interest in
Real Estate lying within the boundaries of the FAYETTEVILLE OFF-
STREET PARKING DEVELOPMENT DISTRICT NUMBER 1 as set out in
Ordinance No. 2292 dated December 1, 1976, which establishes said
Off -Street Parking Development District Number 1 of the City of
Fayetteville, Arkansas.
Dated this 26th day of January, 2000 at 8:00 A.M. for the use
and benefit of CITY COUNTY, CITY OF FAYETTEVILLE, ARKANSAS, AND
LAMAR ANDERSON.
WASHING
COMP
141
', Y ABSTRACT
fr
•
THO
VA
5 MILLER
270
:ipal improve -
to administer
in the office of
ath and to file
iis section, he
council shall
rations, in his
:10) days after
;., §§ 7353-7355;
- 20-115.
ity council with
:cessor, the pre -
ie commissioner
Ines v. Leighton,
:d 505 (1940).
commissioner of
ict was found in
ated a presump-
t a presumption
within 10 days
v. Leighton, 200
5 (1940).
tion adopted by
sioners of street
.d been serving
g they had been
imption that it
ad if the commis -
their oaths of
lopted 10 years
tion vacant for
is held properly
nes v. Leighton,
i 505 (1940).
rd shall have
)se appointed
tinted by the
356; Acts 1961,
17, § 20-116.
271 MUNICIPAL IMPROVEMENT DISTRICTS GENERALLY 14-88-305
14-88-304. Petition of property owners to fill vacancy.
(a) When there is a vacancy on the board of commissioners of any
improvement district due to the death of a commissioner or due to the
fact that a commissioner has ceased to reside in the state where such a
district was created by any town or city council, and in such case, if five
(5) or more property owners of the district petition the city or town
council, calling attention to the vacancy on the board of commissioners
and requesting the appointment of a new commissioner to fill the
vacancy, it shall be the duty of the council to take forthwith the
necessary steps to fill the vacancy by appointment of a new commis-
sioner, who shall be a property owner in the district.
toy upon
the Hung of a
petition with the council signed by five (5) o:
more property owners in the diTtrictaffected, rent -RIF any com
missioner is no
longer a property owner in the
district,
accompanied
b]
a-corrolrorative—certiifiaf_an_a
Cally
- sir.actor-,_the_person_s_hal1_automati
cease to be a commissioner. His
office is declared
to be vacantfron
ate
of_
iling
the_letition,
and_the_council
that
created the
distric
shat forthwith name as commissioner
of the district to fill
the
vacancy
t e person named in
the petition and recommended
for commissioner o.
the district
if the person is a
property
owner in the district.
History. Acts 1941, No. 74, § 1; A.S.A.
1947, § 20-117.
14-88-305. Removal of member.
O E F - 91-d?I£7-
(a)(1) The city or town council shall have the power to remove a
municipal board of improvement, dr any member thereof by a two-
thirds (') vote of the whole number Prof aldermen elected to the council.
(2)(A) Removal shall be for cause only, and after a hearing upon
sworn charges preferred in writing by some real property owner in
the district.
(B) Ten (10) days' notice of the hearing of the charges shall be
given.
(b) The council shall have the power to remove the board, or any
member thereof, by a vote of a majority of the whole number of
aldermen elected to the city council upon the written petition of the
owners of a majority in assessed va ue of the property located within
the district, after a hearing upon ten (10) days' notice to each member
of the board affected.
History. Acts 1881, No. 84, § 3, p. 161; + 5716; Pope's Dig., § 7356; Acts 1961,
1909, No. 81, § 1, p. 224; C. & M. Dig., No. 70, §§ 1, 2- A S A. 1947, § 20-116.
ANALYSIS
Cause for removal
CASE NOTES
Power to remove.
Proceedings for removal.
Review.
N
Heather Woodruff
City Clerk
CITY OF FAYETTEVILLE
113 West Mountain
Fayetteville, AR 72701
LAMAR PETTUS
151 West Dickson Street
Fayetteville Arkansas 72701
(501) 443-2363
Facsimile (501) 443-0390
March 16, 2000
to/ 0 s7,2 Reit
co /nig DA%s!
3/i7/av
MICROFILMED
RECr9`ifw0
MAR 1 7 2000
CCIT' CLERKS OFFICE
Re: Off -Street Parking Development Distnct No 1
Dear Ms. Woodruff:
Enclosed is an original and two (2) copies of the Oath of Office for Lamar Anderson.
Please file the original and copies and return a file -marked copy to me in the enclosed
self-addressed return envelope.
ELP/pae
Enclosures
cc: Lamar Anderson
S 11AMARP\FFSTRTVxoodMN]15 doc
2
Res . o0
Sincerely,
1S
E amar Pettus
Oh
OPP,
N
OATH OF OFFICE
I, Lamar Anderson, do solemnly swear that I wil support the Constitution of the
United States and the Constitution of the State of Arkansas, and that I will faithfully
discharge the duties of the Office of Commissioner of the Board of. Improvement for
Off -Street Parking Development District Number 1 of the City of Fayetteville, Arkansas,
upon which I am now about to enter, and that I will not, either directly or indirectly, be
interested in any contract made by said Board.
My Commission Expires:
Dcn—/sr doe?
Lamar Anderson
Subscribed and sworn to before me this (1
)V` --
y
of March, 2000.
Notary Public
S'.LLAMARP\OFFSTRTIOATHLA0315doc
RECEIVED
MAR 17 2000
CIN OF FA Yit I i hVILLE
CITY CLERK'S OFFICE
OGf S�,e
10 0
o� //✓
4
/ /4.
Petition and Nomination haro.
To Fill Vacancies
On
Off Street Parking Development District Number 1
City of Fayetteville, Arkansas
To: City Council of the City of Fayetteville
Mayor Fred Hanna
Alderman Heather Daniel
Alderman Robert Reynolds
Alderman Kevin Santos
Alderman Ron Austin
Alderman Trent Trumbo
Alderman Bob Davis
Alderman Cyrus Young
Alderman Kyle Russell
City Clerk, Heather Woodruff
Pursuant to Arkansas Code Annotated 14-88-304(b) the undersigneds file this Petition
declaring that, as of January 27, 2000, Thomas D. Stockland will no longer be a property owner
within the Off Street Parking Development District Number 1 of the City of Fayetteville,
Arkansas; therefore, his position is deemed vacant upon the Council's receipt of this Petition.
Further, pursuant to Arkansas Code Annotated 14-88-304(b), the undersigneds request
the City Council to name Lamar Anderson, a property owner in the District, as Commissioner to
fill the position vacated by Thomas D. Stockland.
The Petitioners corroborate the fact that Thomas D. Stockland is not a property owner in
the District by attaching the letter of resignation of Thomas D. Stockland, dated January 4, 2000.
The original of this Petition is filed with the City Council by leaving same with the City Clerk.
•
IS
qo
By signing below, we, the Petitioners, verify that we are property owners in the District.
•
Dated this )1 '~day of January, 2000.
PETITIONERS
(e/ (1) D ((io (9
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t • _Tf$N-04-2000 14:37
THOMAS 11 STOCKLAND
CHARLES S. TRANTHAM
FROM STOCKLRND 8 TRRNTHRM
Mr. E. Lamar Pettus
PE L.TUS LAW FIRM
P;O:Box 1665
Fayetteville, AR 72702
Dear Lamar:
STOCKLAND & TRANTHAM, P.A.
ATTORNEYS AT LAW
21 SOUTH BLOCK STREET • P.O. BOX 1723
FAYETTEVILLE• AR 72702-1723
TELEPAO74E (5011 521-7130
FAX (501)521-3E08
January 4, 2000
4430390 P.02
tom@sandtlaw.com
chuck@sandtlaw.com
VIA FAX
RE: Off -Street Parking Development District No. 1.
Chuck and I executed a contract to sell our building on the square which is set to close on January
27, 2000. For that reason, I will no longer be qualified to serve on the Off -Street Parking District.
With this letter, I am tendering my resignation effective January 26, 2000 unless you need for me to
resign sooner. 1 will be happy to attend any meetings called before that time, but I believe I am
ineligible to serve after we have sold the building. if you need additional information, please don't
hesitate to call.
TDS:cw
Sincerely,
•
•
M
SPECIAL CERTIFICATE
STATE OF ARKANSAS )
SS
COUNTY OF WASHINGTON)
We the undersigned, duly and lawfully bonded abstractors
within and for said County and State, do hereby certify that we
made a due and diligent search of the land records of the office
of the Circuit Clerk and the Washington County Tax Collector within
and for Washington County, Arkansas, and
we find, certify and
corroborate that Lamar Thomas Anderson aka Lamar Anderson, as of
the date and time of this certification,
has a vested interest in
Real Estate lying within the boundaries of the FAYETTEVILLE OFF-
STREET PARKING DEVELOPMENT DISTRICT NUMBER 1 as set out in
Ordinance No. 2292 dated December 1, 1976, which establishes said
Off -Street Parking Development District Number 1 of the City of
Fayetteville, Arkansas.
Dated this 26th day of January, 2000 at 81:00 A.M. for the use
and benefit of CITY COUNTY, CITY OF FAYETTVILLE, ARKANSAS, AND
LAMAR ANDERSON.
WASHING
COMP
Y ABSTRACT
TITLE
THO
S MILLER
270
ipal improve -
to administer
in the office of
sth and to file
kis section, he
council shall
rations, in his
10) days after
§§ 7353-7355;
- 20-115.
ity council with
:cessor, the pre -
ie commissioner
Ines v. Leighton,
:d 505 (1940).
commissioner of
ict was found in
ated a presump-
t a presumption
within 10 days
v. Leighton, 200
5 (1940).
tion adopted by
sioners of street
.d been serving
g they had been
zmption that it
ad if the commis -
their oaths of
opted 10 years
tion vacant for
is held properly
nes v. Leighton,
3 505 (1940).
rd shall have
Ise appointed
Hinted by the
356; Acts 1961,
17, § 20-116.
271 MUNICIPAL IMPROVEMENT DISTRICTS GENERALLY 14-88-305
14-88-304. Petition of property owners to fill vacancy.
(a) When there is a vacancy on the board of commissioners of any
improvement district due to the death of a commissioner or due to the
fact that a commissioner has ceased to reside in the state where such a
district was created by any town or city council, and in such case, if five
(5) or more property owners of the! district petition the city or town
council, calling attention to the vacancy on the board of commissioners
and requesting the appointment of a new commissioner to fill the
vacancy, it shall be the duty of the council to take forthwith the
necessary steps to fill the vacancy by appointment of a new commis-
sioner, who shall be a property owner in the district.
(b) Upon the filing of a petition with the council signed by five (5) or
more_property owners ii the district affected, reciting that any-
Com-missioner is no longer a property owner in the district, accompanied by
a corroborative= certifitafe-oft abstractor, the person shall automati-
cally cease to be a commissioner. His office is declared to be vacant from
the -date of`filing the.petition,.and.the council that created the district
(shalliforthwith name as commissioner of the district to fill the vacancy
the person,named In the petition and recommended for commission commissioner of
the district if the person is a property owner in the district.
History. Acts 1941, No. 74, § 1; A.S.A.
1947, § 20-117.
"(o`er FL 1
14-88-305. Removal of member.
(a)(1) The city or town council shall have the power to remove a
municipal board of improvement, Or any member thereof by a two-
thirds (2) vote of the whole number of aldermen elected to the council.
(2)(A) Removal shall be for cause only, and after a hearing upon
sworn charges preferred in writing by some real property owner in
the district.
(B) Ten (10) days' notice of the hearing of the charges shall be
given.
(b) The council shall have the power to remove the board, or any
member thereof, by a vote of a majority of the whole number of
aldermen elected to the city council, upon the written petition of the
owners of a majority in assessed value of the property located within
the district, after a hearing upon ten (10) days' notice to each member
of the board affected.
History. Acts 1881, No. 84, § 3, p. 161; § 5716; Pope's Dig., § 7356; Acts 1961,
1909, No. 81, § 1, p. 224; C. & M. Dig., No. 70, §§ 1, 2; A.S.A. 1947, § 20-116.
CASE NOTES
ANALYSIS
Cause for removal.
Power to remove.
Proceedings for removal.
Review.
RESOLUTION NO. 28-00
A RESOLUTION APPOINTING LAMAR ANDERSON TO THE
OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby appoints Lamar Anderson to the Off -Street
Parking Development Distract No. 1. A copy of the petition for appointment is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7i° day of March , 2000.
APPROVED:
By:
Fred Hanna, Mayor
ATTEST:
By:
Heather WoodruR City Cle
1 •