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Home My WebLink About112-02 RESOLUTION• RESOLUTION NO, 112-02 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK AN INJUNCTION IF NECESSARY AGAINST THE DEVELOPER OF THE HUNT CLUB SUBDIVISION TO COMPEL THE INSTALLATION OF STREET LIGHTING AS REQUIRED UNDER §166.03 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO). WHEREAS, A.C.A. § 14-56-417 empowers the City through its Planning Commission to administer "regulations controlling the development of land," specifically by establishing "standards for improvements to be installed by the developer at his own expense" in new subdivisions, and; WHEREAS, Vonda M. Wright, as developer of the Hunt Club subdivision is required by §166.03 (J) of the Unified Development Ordinance to install street lighting, and; WHEREAS, Ms Wright, after continued requests from the City, has refused to install such lighting, in violation of the ordinance, and; WHEREAS, the General Assembly has empowered the "legislative body" of the City to seek injunctive relief "to prevent or correct the violation." A.C.A. § 14-56-421 (Rep1.1998). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas declares that Vonda M. Wright, as developer of the Hunt Club subdivision, has refused to install street lighting in violation of §166.03 (J) of the Unified Development Ordinance. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes the Fayetteville City Attorney to file an injunctive suit against the developer of the Hunt Club subdivision to compel the installation of street lighting as required under §166.03 of the Unified Development Ordinance (UDO) and to seek any other relief the City or citizens of Fayetteville may be entitled to. PASSED and APPROVED this the 16th day of July, 2002. APPROV By DAN COODY, Mayor • NAME OF FILE: CROSS REFERENCE: Resolution No. 112-02 • 07/16/02 Resolution No. 112-02 06/19/02 Letter to Vonda Wright regarding Hunt Club Subdivision Streetlight Requirements, from David Whitaker, Assistant City Attorney 06/17/02 Planning Division Correspondence to Casey Jones, City Prosecutor and Kit Williams, City Attorney 03/29/02 Planning Division Correspondence to Vonda Wright 02/22/02 Copy of fax to Perry Franklin, Traffic Division, from Mike Phipps, Ozarks Electric Cooperative Corporation 07/16/02 Staff Review Form 07/18/02 Memo to David J. Whitaker, Assistant City Attorney, from Heather Woodruff, City Clerk NOTES: • • f RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK AN INJUNCTION IF NECESSARY AGAINST THE DEVELOPER OF THE HUNT CLUB SUBDIVISION TO COMPEL THE INSTALLATION OF STREET LIGHTING AS REQUIRED UNDER §166.03 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO). WHEREAS, A.C.A. § 14-56-417 empowers the City through its Planning Commission to administer "regulations controlling the development of land," specifically by establishing "standards for improvements to be installed by the developer at his own expense" in new subdivisions, and; WHEREAS, Vonda M. Wright, as developer of the Hunt Club subdivision is required by §166.03 Q) of the Unified Development Ordinance to install street lighting, and; WHEREAS, Ms. Wright, after continued requests from the City, has refused to install such lighting, in violation of the ordinance, and; WHEREAS, the General Assembly has empowered the "legislative body" of the City to seek injunctive relief "to prevent or correct the violation." A.C.A. § 14-56-421 (Rep1.1998). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS' Section 1. That the City Council of the City of Fayetteville, Arkansas declares that Vonda M. Wright, as developer of the Hunt Club subdivision, has refused to install street lighting in violation of §166.03 (J) of the Unified Development Ordinan Section 2. That the City Council of the City of Fayett authorizes the Fayetteville City Attorney to file an injunctive suit -ate _ ,! i e c(evj loper of the Hunt Qub subdivision to compel the installation of s li aslreouired under §166.03 of the Unified Development Ordinance (UD n o to s §k any o e'. relief the City or citizens of Fayetteville may be entitlethto. PASSED and APPROVED this the FAYETTEVPLLE Kit Williams CITY ATTORNEY f THE CITY OF FAYETTEVILLE, A 1KANSAS CITY ATTORNEY DIVISION 113 WEST MOUNTAIN, 72701 PHONE: 501.575-8313 FAX: 501- 75-8315 June 19, 2002 RE Hunt Club Subdivision Streetlight Requirements Ms. Vonda Wright 2101 McGuire Springdale, AR 72764 Dear Ms. Wright: By now, you are aware of your obligation to pay for the installation of streetlights in the Hunt Club subdivision, as well as the fact that Mr. Lazenby, as a purchaser of individual Lots, did not assume your responsibilities as developer. I am writing to urge you, in the strongest terms possible, to fulfill your financial obligation to the City of Fayetteville and the residents of the subdivision. Your continued failure to pay may well result in legal action against you. In order to avoid any such unpleasantness, you should remit payment in the amount of $3,370.40 to the order of Ozarks Electric Cooperative Corp upon receipt of this letter. If your payment has not been received by the close of business on Monday, July 1, 2002, we will have no choice but to proceed against you for the above amount, plus all accrued interest and the costs of litigation. Sincerely, David J. Whitaker Assistant City Attorney City of Fayetteville, Arkansas cc: Casey Jones, City Prosecutor Hugh Earnest, Urban Development Director Tim Conklin, City Planner Sara Edwards, Associate Planner This is an attempt to collect a debt and all information obtained will be used for debt collection purposes. c e • 1 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Fayetteville, AR 72701 Telephone (501) 575-8264 Fax (501) 575-8316 PLANNING DIVISION CORRESPONDENCE TO: Casey Jones, City Prosecutor Kit Williams, City Attorney FROM: Sara Edwards, Associate Planner THRU: Tim Conklin, City Planner"Z • DATE: June 17, 2002 RE• Hunt Club Subdivision Earlier this year, it was brought to my attention by residents of the Hunt Club Subdivision that the subdivision was lacking the required street lights. After further investigation, the City discovered that the street lights had not been paid for by the developer and that Ozarks Electric was waiting on payment to install the lights. The street lights are required by ordinance and the subdivision was approved based upon the submitted plat which had the street lights depicted on it. I have included both the Subdivision Regulations and the approved final plat of the subdivision. The original developers as listed on the plat were Brad and Vonda Wright. Apparently, all of the lots in the subdivision were sold after being platted to William Lazenby. There has been assertion by Ms. Wright that the streetlights were the responsibility of Mr. Lazenby. However, after speaking with Mr. Lazenby and receiving a copy of the real estate contract, it is clear that there was no requirement in the contract that relieved the original developer of the requirement. Mr. Brad Wright is now deceased, so the responsibility falls to Ms. Vonda Wright alone. I sent a notice to Ms. Wright on March 29, 2002 to apprise her of the situation and to request payment to Ozark's Electric immediately. I have been contacted by George Faucette of Coldwell Banker who represented the Wrights in the sale of the property with requests for further information. I have not received any correspondence from Ms. Wright and have verified that payment for the streetlights has not been made. Therefore, I am requesting that your office pursue this matter further. If you have any questions, or need additional information, please contact me. cc: Hugh Eamest, Urban Development Director F C 0 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 1 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 March 29, 2002 Vonda Wright 2101 McGuire Springdale, AR 72764 Re: Streetlights in the Hunt Club Subdivision Dear Ms. Wright. According to our records, you and E. Bradford Wright were joint owners of the property which is now the Hunt Club Subdivision. The requirements of the subdivision included the installation of streetlights. The streetlights have not been installed because Ozarks Electric has never received payment for the lights I have spoken with Ozarks Electric, and they have informed me that the amount needed for the required street lights is $3,370.40. The requirement for streetlight installation was placed at the time of final plat approval pursuant to ordinance. Street lighting is needed for the safety of the neighborhood. We realize that most of the lots m this subdivision were sold to William Lazenby However, according to the County Assessor's office and the real estate contract, Mr. Lazenby purchased lots and had no responsibility with regard to infrastructure improvements for the subdivision. Therefore, this responsibility still lies with the developer of the subdivision. Upon advisement from the City Attorney, we hereby request that you remit payment in the amount of $3,370.40 to Ozarks Electric immediately. Please notify us when this payment has been made so that the City may inform residents of this subdivision the status of this matter. If you have any questions, please contact me. Sincerely, Sr: Sara Edwards Associate Planner cc: Tim Conklm, City Planner Hugh Eamest, Urban Development Director Kit Williams, City Attorney • PI C, 03 rtn-ee-enne se 410 1JLFRlU 6LCli 1 n • v • DATE: a-%ar)rda TO: Perri ffran itL(vc COMPANY: Cth u C %etn Gtv FAX NUMBER: 41-44-ir 3Liqa RECEIVED 11)kutibp,s-FEB 2 5 2002 FROM: /`� �� PLANNING DIV. Ozarks Electric Cooperative Corporation P. O. Box 848 Fayetteville Arkansas 72702 479 521-2900 479 444-0943 (fax) • MESSAGE: 0- pages Ise Your Local Energy Partner FEB -22-2002 12:51 501 444 0943 98i P.01 1 Fttl-22-2NO2 12:410 ULHKKS GLtLIKIL ^ �L • DVS 444 CM4J r V.14,Wc eropeez Ozarks. Electric Cooperative Corp. Box 848 Fayetteville, Arkansas 72702-0848 (501)521-2900 MEMO FEBRUARY 22, 2002 TO: PERRY FRANKLIN (CITY OF FAYETTVILLE) FROM: MIKE PHIPPS INREFERENCE TO STREET LIGHTS FOR HUNT CLUB SUBDIVISION. BEFORE OECC CAN COMPLETE INSTALLATION OF (8) ALUM POST STREET LIGHTS, OECC WILL REQUIRE PAYMENT OF $3,370.40 FOR LIGHTS AND LABOR COST. • OFFICES IN: SPRINGDALE, AR STILWELL, OK WESTVILLE, OK FEB -22-2002 12:51 TOTAL P.02 501 444 0943 99% P.02 • STAFF REVIEW FORM _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF July 16, 2002 MAYOR'S APPROVAL N//¢ FROM. David J. Whitaker Name City Attorney Division Legal Department ACTION REQUIRED: A Resolution Authorizing The City Attorney To Seek An Injunction If Necessary Against The Developer Of The Hunt Club Subdivision To Compel The Installation Of Street Lighting As Required Under §166.03 Of The Unified Development Ordinance (UDO). COST TO CITY: -0- Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used to Date Program Name Remaining Balance Fund Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Mana er Date Internal Auditor Date C---) c//, -t z S oz. City Attome Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: City Council to pass the resolution. Division Head Date Department Director Date Administrative Services Director Date Mayor Date CROSS REFERENCE New Item: Yes No Previous Ordinance/Resolution No.: s F 0' FAYETTEViLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE s To: David J. Whitaker, Assistant City Attorney From: Heather Woodruff, City Clerk Date: July 18, 2002 Please find attached a copy of Resolution No. 112-02 authorizing the City Attomey to seek an injunction if necessary against the developer of the Hunt Club Subdivision to compel the installation of street lighting as requirdd under §166.03 of the Unified Development Ordinance (UDO). The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Tim Conklin, Planning Division Perry Franklin, Traffic Division 0 010 03 Update Document Reference RES Date 7162002 City of Fayetteville ndex Maintenance Ite Action Ref. Taken Brief Description 112 f 7/23/2002 14:48:20 INSTALLATION OF STREET LIGHTING Enter Keywords • RES. 112-02 INJUNCTION HUNT CLUB SUBDIVISION INSTALLATION STREET LIGHTING 166.03 UDO UNIFIED DEVELOPMENT ORDINANCE File Reference # • MICROFILM Security Class Retention Type: Expiration Date • **** Active **** Date for Cont/Referred: Name Referred to • Cmdl-Return Cmd8-Retention CmdS-Abstract Yes No Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp. 105,12 ,1� �< (-I O a � ? 0 aha ' (:) r7) C7 C� •• 3> (4 tir� dr �b m 71 N c1 c =2 -' Z D d D f dr- D C Z - 0 w r ❑ r'trl�Z �- Cn r V -I COX T1f2C t�DD(7 --1 r --- n r rl r o zdayZ r D r Z 7_ aO 7 • -, m ni D f OI -I m M 25' U.E. 6 SB:/ Zrverhen d rlectric o rp P < MN S n T QT n CIT A J l y D • Q -• P n T S o n 7 • P • °° 4.! J • N • p tbD T T • 0. e. F 1 • 7 j P n Nn6-4 ° S n q T 9 J n T Cr ran l T ' S Gl `4(k rt 30 'T J h CI' o N N ai-ze. re • .37J O #I1 ... _o c' CO Z1 1 m "IN b. 50' R.O.W. 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