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HomeMy WebLinkAboutOrdinance 6365113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6365 File Number: 2020-0803 OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1: Doc ID: 019575250012 Type: REL Kind: ORDINANCE Recorded: 11/30/2020 at 03:45:12 PM Fee Amt: $70.00 Page i of 12 Washington County, AR Kyle Sylvester Circuit Clerk File202O 00043750 AN ORDINANCE TO ACCEPT A DEED TO THREE DOWNTOWN OFF-STREET PARKING LOTS, TO APPROVE A FINAL REPORT OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT NO. I OF FAYETTEVILLE, ARKANSAS , TO ACCEPT ALL REVENUES AND MONEY REMAINING WITHIN THE DISTRICT'S POSSESSION, AND TO DISSOLVE THIS DISTRICT WHEREAS, upon Petition from the owners of a majority in assessed value of the property in the Off -Street Parking Development District No. I of Fayetteville, Arkansas to establish such District, the Fayetteville Board of Directors passed Ordinance No. 2292 on December 7, 1976, and established said District; and WHEREAS, the District through its board of Directors used revenues from the property owners to successfully build sufficient off-street parking to rejuvenate the downtown area for improved commerce, office and residential uses; and WHEREAS, the Board of the Off -Street Parking Development District has successfully paid all of the bonds used to acquire and develop off-street parking and has not needed any further assessments for over ten years; and WHEREAS, the Board has recently completed renovations and improvements to two of its three remaining parking lots and has decided it should now dissolve the District, convey the three parking lots to the City and pay to the City all remaining money it has accumulated from parking revenue over the years; and WHEREAS, when the City Council approves the report, the Commissioners of the Off -Street Page 1 Printed on 111WO Ordinance: 6365 File Number. 2020-0803 Parking Development District No. 1 of the City of Fayetteville, Arkansas "shall stand discharged from their duties..." A.C.A. § 14-88-603 Procedures and final report; and WHEREAS, the Commissioners have all properly signed the deed conveying their three parking lots to the City. 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 accepts and approves the report of the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, accepts full payment of all remaining revenue of the District, and accepts the deed conveying the three remaining off-street parking lots to the City of Fayetteville; Mayor Jordan is authorized to also sign this deed. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby thanks Chairman Greg Lee, Commissioners Evelyn Brooks, Chris Baribeau, George Niblock, Jr. and Don Stroessner for their service on the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas and herby discharges the Chair and all Commissioners from any and all further duties related to the District and dissolves the District as of the date this Ordinance is approved and the remaining money and assets have been given to the City. PASSED and APPROVED on 10/6/2020 Page 2 Attest: 1�00I i I I i t Ito �.�4��.•'� GITk .F��'• [� Kara Paxton, City Clerk Treasurer- r��6 .1 Printed on 1116120 765-01914-000, 765-01794-000, 765-01795-000 765-01849-000, 765-01850-000, 765-01851-000 765-01852-000, 765-01853-000, 765-01854-000 765-01855-000 Off -Street Parking WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, in conformance with and as compelled by state law, and as approved by Mayor Jordan, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: Lot Seven (7), Block Seventeen (17), Original Town Plat of Fayetteville, Arkansas Also All of Lots Numbered 1, 2, 3 (less and except the South 52.5 feet), and 12, (less and except the South 50 feet), Block 13, as designated upon the Original plat of the Town (now City) of Fayetteville. Also The East half of Lot 8, in Block 17, in the Original Plat of the Town, now City, of Fayetteville, Arkansas, including an undivided one-half of the East wall of the Bohe building, the centerline of which wall is the West line of the portion of said Lot 8 hereby conveyed; and all of Lot 10, in Block 17, in the Original Town, now City, of Fayetteville, Arkansas, LESS AND EXCEPT nine (9) feet of equal and uniform width off the North side of said Lot 10; also LESS AND EXCEPT five (5) feet of equal and uniform width off the East side of said Lot 10; also LESS AND EXCEPT a part of said Lot 10 described as beginning at a point nine (9) feet South of the intersection of the North and West lines of said Lot 10 thence East along a line parallel to said North line of said Lot 10 a distance of 25 feet to a point, said point being the point of curvature of a 25 foot radius curve to the Southwest, thence along said curve to the Southwest an arc distance of 39.27 feet to the point of tangency of said curve, said point lying in the West line of said Lot 10, thence North along the West line of said Lot 10 a distance of 25 feet to a point nine (9) feet South of the point of intersection of the North and West lines of said Lot 10. Also A part of Block Twenty -Five (25) in the Original Town (now City of Fayetteville, Arkansas, and being more particularly described as follows, to -wit: Beginning at the northeast corner of said Block Twenty -Five (25), and running thence West one hundred (100) feet; thence South to a line running East and West through the center of said Block; thence East one hundred (100) feet; thence North to the place of beginning. Also All of Lot Numbered Nine (9) and Part of Lot Eight (8) in Block Seventeen (17) of the original town (now City) of Fayetteville, Arkansas, and being more particularly described as follows, to -wit: Beginning at a point in the center of the East wall of a stone building on Lot Nine (9) in Block Seventeen in the original plat of the Town (now City) of Fayetteville, at or near the Southwest corner of Lot Eight (8) in said Block Seventeen (17), and running, thence North with the centerline of said stone wall to the North end thereof, and continuing North in a direct line to the Northwest corner of said Lot Eight (8); thence East twenty-seven (27) feet; thence South one hundred fifty-five (155) feet to the South line of said Lot 8; thence West twenty-seven (27) feet to the place of beginning, and being a strip of uniform width of twenty-seven (27) feet off of, and along, the west side of said Lot eight (8) in Block Seventeen (17) in the original plat of the Town of Fayetteville, and including an undivided one- half interest in the East wall of the stone building aforesaid, the centerline of which wall is to be the West line of said twenty-seven feet of ground. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this day of 2020. REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Off -Street Parldng WD page 2 Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas BY: r Greg Lee, rman Evelyn Brooks, Commissioner Chris Baribeau, Commissioner George Niblock, Jr., Commissioner Don Stroessner, Commissioner ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Greg Lee to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is are the Chairman of Off -Street Parking Development District No. 7 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this 1 +� day of �k 11� 2020. IERESA COWAN MY Notary Public -Arkansas CO ISSION EXPIRES: 41i'a �p Washington County My Commission Explres C4.01 2026 Commission * 12697411 Notary Public Off -Street Parking WD page 2 Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas BY: Greg Lee, Chairman Evelyn Brooks, ommissioner Chris Baribeau, Commissioner on Stroessner, Commissioner George Niblock, Jr., Commissioner ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that an this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Greg Lee to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is are the Chairman of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2020, MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Evelyn Brooks, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is a Commissioner, of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes (herein mentioned and set forth. WITNESS my hand and seal on this C)V day of 2020. Ot NI MF. 4� I yRESA C04"IA PI Notary Public Nolar Public-Arkcnsos ashinalon County 11 Commission # 12697411 Off -Street Parking 0/D page 2 BY: Greg Lee, Chairman LK"Baribeau,mi issioner Don Stroessner, Commissioner STATE OF ARKANSAS COUNTY OF WASHINGTON Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas n Brooks, Commissioner George Niblock, Jr., Commissioner ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Greg Lee to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is are the Chairman of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON Notary Public , 2020. BE IT REMEMBERED. that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Evelyn Brooks, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is a Commissioner, of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2020. MY COMMISSION EXPIRES: Notary Public Off -Street Parking WD page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Chris Baribeau, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. C[` WITNESS my hand and seal on this �� day of 2020. r C)s- ^20,, r ELiYA8E1H VAUGFET MY COMMISSION EXPIRES: L 1L� �[TJ� Notary Public -Arkansas N+�]lssion Expires D6.05 2024 �'ommisslon 8 12400792 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED. that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared George Niblock, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON Notary Public 2020 BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Don Stroessner, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES 2020 Notary Public REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to It or is exempt from such stamps. City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Off -Street Parking WD page 2 BY; Greg Lee, Chairman Chris Baribeau, Commissioner Don Straessner, Commissioner STATE OF ARKANSAS COUNTY OF WASHINGTON Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas Evelyn Brooks, Commissioner George Niblock, Jr., Commissioner ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Greg Lee to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is are the Chairman of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of .2020. MY COMMISSION EXPIRES: Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS � ss. COUNTY OF WASHINGTON 1 BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Evelyn Brooks, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is a Commissioner, of Off -Street Parking Development District No, 1 of the City of Fayetteville, Arkansas, and is duly authorized in her capacity to execute the foregoing instrument for and In the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2020. My COMMISSION EXPIRES: Notary Public Oil-SIreel Parking WD page 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON I ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Chris Barlbeau, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No- 1 of the City of Fayetteville, Arkansas, and Is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of _ 2020. My COMMISSION EXPIRES: Notary Public ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON } ss- BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and Slate, personally appeared George Niblock, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth WITNESS my hand and seal on this 1 day of 2r'js;� My COMMISSION EXPIRES: atary Public ~ O, o_ y -' Off -Street Parking WD page 2 Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas BY: Greg Lee, Chairman Evelyn Brooks. Commissioner Chris Baribeau, Commissioner Don Stroessner. Co sinner STATE OF ARKANSAS COUNTY OF WASHINGTON George Niblock, Jr., Commissioner ACKNOWLEDGMENT ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Greg Lee to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is are the Chairman of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12020. MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Evelyn Brooks, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is a Commissioner, of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2020. MY COMMISSION EXPIRES: Notary Public Off -Street Parking WD page 3 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date; before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Chris Baribeau, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of .2020. MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss COUNTY OF WASHINGTON Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared George Niblock, Jr., to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behaif of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2020. MY COMMISSION EXPIRES: ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON Notary Public BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Don 5troessner, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is a Commissioner of Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, and is duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this _3kj— day of b 4 A 2020. •' "' GARY L MMINIGEN �cmuer : g My pOMMS." 112MM3► _ ., b wM MY COMMISSION EXPIRES: ataxy Pu is Off -Street Parking WD Page 4 Pursuant to A.C.A. Section 14-88-604, I, Lioneld Jordan, Mayor of Fayetteville, Arkansas approve and join in this conveyance and the dissolution of the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas. 4ATTEST: -�:G.'O' i y oxil rG ara an,Ti C reas err ; FAY vILLE F - %q5� .a.N$Q ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton.. to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth - ,%I%% 3p -Flk WITNESS my hand and seal on this d of .� •. N .y MY COMMISSION EXPIRES: �q��aiApy o .0'S Notary Public ��; ��Js PUB\-�G Washington County, AR I certify this instrument was filed on 11/30/2020 03:45:12 PM and recorded in Real Estate File Number 2020-OOQ43750 Kyle Sylvester - Circuit Clerk y..................---- 113WestMountainStreet City of Fayetteville, Arkansas Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0803 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 9 OFF-STREET PARKING DEVELOPMENT DISTRICT NO. l: AN ORDINANCE TO ACCEPT A DEED TO THREE DOWNTOWN OFF-STREET PARKING LOTS, TO APPROVE A FINAL REPORT OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1 OF FAYETTEVILLE, ARKANSAS , TO ACCEPT ALL REVENUES AND MONEY REMAINING WITHIN THE DISTRICT'S POSSESSION, AND TO DISSOLVE THIS DISTRICT WHEREAS, upon Petition from the owners of a majority in assessed value of the property in the Off -Street Parking Development District No. 1 of Fayetteville, Arkansas to establish such District, the Fayetteville Board of Directors passed Ordinance No. 2292 on December 7, 1976, and established said District; and WHEREAS, the District through its board of Directors used revenues from the property owners to successfully build sufficient off-street parking to rejuvenate the downtown area for improved commerce, office and residential uses; and WHEREAS, the Board of the Off -Street Parking Development District has successfully paid all of the bonds used to acquire and develop off-street parking and has not needed any further assessments for over ten years; and WHEREAS, the Board has recently completed renovations and improvements to two of its three remaining parking lots and has decided it should now dissolve the District, convey the three parking lots to the City and pay to the City all remaining money it has accumulated from parking revenue over the years; and WHEREAS, when the City Council approves the report, the Commissioners of the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas "shall stand discharged from their duties..." A.C.A. §14-88-603 Procedures and final report; and WHEREAS, the Commissioners have all properly signed the deed conveying their three parking lots to the City. 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 accepts and approves the report City of Fayetteville, Arkansas Page 1 Printed on 101712020 File Number.- 2020-0803 of the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, accepts full payment of all remaining revenue of the District, and accepts the deed conveying the three remaining off-street parking lots to the City of Fayetteville; Mayor Jordan is authorized to also sign this deed. Section ?: That the City Council of the City of Fayetteville, Arkansas hereby thanks Chairman Greg Lee, Commissioners Evelyn Brooks, Chris Baribeau, George Niblock, Jr. and Don Stroessner for their service on the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas and herby discharges the Chair and all Commissioners from any and all further duties related to the District and dissolves the District as of the date this Ordinance is approved and the remaining money and assets have been given to the City. City of Fayetteville, Arkansas Page 2 Printed on 10l7/2020 Legistar ID No.: 2020- 0 Z 03 AGENDA REQUEST FORM FOR: Council Meeting of October 6, 2020 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ACCEPT A DEED TO THREE DOWNTOWN OFF-STREET PARKING LOTS, TO APPROVE A FINAL REPORT OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1 OF FAYETTEVILLE, ARKANSAS, TO ACCEPT ALL REVENUES AND MONEY REMAINING WITHIN THE DISTRICT'S POSSESSION, AND TO DISSOLVE THIS DISTRICT APPROVED FOR AGENDA: - - Se tember 23 2020 City Attorney Kit Williams Date 5 CA OFFICE OF I -FIE CITF ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Lioneld Jordan, Mayor City Council CC: Kara Paxton, City Clerk/ Treasurer Susan Norton, Chief of Staff `--- Paul Becker, Finance Director FROM: Kit Williams, City Attorney `� y �C DATE: September 23, 2020 Kit Wil iains Cityy Allorne'y Blake Pennington .I;sistalit Cil v Attorpre't, Jodi Batkcr Puraiged RE: Dissolution of Off -Street Parking Development District Number 1 of the City of Fayetteville, Arkansas HISTORY OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT NUMBER 1 On November 18, 1976, a Petition from owners of a majority in assessed value of the property in the Off -Street Parking Development District was submitted to the City to request formation of the District pursuant to A.C.A. § 14-88-203 with the express and limited purpose for "(t)he construction of facilities for the off-street parking of vehicles, that said facilities be constructed at such locations as the Commissioners deem necessary in order to provide off-street parking within the proposed local improvement district ... for the benefit of the district...." By Ordinance No. 2292 of December 7,1976, the Fayetteville Board of Directors recognized and approved the submitted Petition and established the "Off -Street Parking Development District Number 1 of the City of Fayetteville, Arkansas, and (appointed) Pearl Clinehens, Frank W. Lewis, 9 and Dr. C. Garland Melton, Jr ... Commissioners, who shall compose the Board of Improvement for said District." The City Board of Directors expressly limited the powers and purpose of the Off -Street Parking Development District to the "purpose of constructing facilities for the off- street parking of vehicles ...for the benefit of the District ... " Ordinance No. 2292, December 7, 1976. Although the statute would have allowed a city to grant other powers to a development district (to build streets, sewers, etc.), neither the petitioners who sought to have the District created nor the Fayetteville Board of Directors who created the District provided any authority but to construct and maintain off-street parking facilities. This Off -Street Parking Development District was very successful in obtaining property and providing several off-street parking lots to alleviate the lack of adequate parking that had been choking the life out of the Downtown Square. Much of the Downtowns rejuvenation and current economic activity and prosperity can be attributable to the leadership, vision and financial commitment of the Off -Street Parking Development District. When the City purchased one of the Off -Street Parking Development District's parking lots north of Rock Street and between Block and East Avenues in the late 90's in order to build the Fayetteville Town Center and its parking deck, the Off -Street Parking Development District was able to pay off most if not all of its outstanding bonds which had financed the purchases and development of the off-street parking lots. Since that time the Off -Street Parking Development District has used the parking revenue from its remaining lots for maintenance and improvements to its remaining three parking lots and accumulated some reserves for unanticipated future expenses. Recently, the Off -Street Parking Development District Board of Commissioners successfully completed renovations and improvements to two of its remaining public parking lots. These improvements have concluded the Off -Street Parking District's plans and objectives so that this development district has now fulfilled its purposes and should be dissolved and the Commissioners discharged from further duties related to the District's affairs. The off-street parking lots were purchased by the Downtown Off - Street Parking District from assessments of property owners in the downtown area because the lack of sufficient customer, client and employee parking in the downtown area was choking off businesses and offices and hurting residents when commercial parkers used residential street parking needed for the residents and their visitors. These off-street parking lots are basically being held in trust by the Board for the benefit of the property owners who were assessed for their purchase. Downtown parking is not needed any less now that Fayetteville has over 80,000 residents than it did when we had less than 40,000. Whether it be the District or the City who owns the parking lots, these public parking spaces must be conserved or replaced in any new development. DISSOLUTION OF OFF-STREET PARKING DISTRICT The best course is for the City Council to pass an ordinance based upon a Resolution of the Board of Directors of the Off -Street Parking Development District No. 1 to voluntarily dissolve the District. I have attached this Resolution recently passed by the District's commissioners. The District would as its last item of business, convey its three existing parking lots to the City and pay to the City all remaining surplus revenue. This revenue is the result of payments to the Board by the City of the parking lot revenue derived from the District's parking lots minus the management costs of the City. The revenue so transferred to the City should be placed into the Parking Division's budget and designated for use only within the District's boundaries for any needed maintenance or improvements of parking facilities. A.C.A. § 14-88-602 Authority to wind up affairs would seemingly provide express directions on how and when to dissolve an improvement district. Unfortunately, it has two conditions "boundaries coextensive with the city" and "which still hold title to lands purchased at foreclosure sale for delinquent taxes" which do not apply to the Off -Street Parking Development District. The other conditions: which have paid their bonds and other obligations and have levied no tax for the past five (5) years' have been met by the Off -Street Parking Development District 3 and appear much more relevant to whether the district "may proceed to wind up their affairs as set forth in this subchapter." Therefore, I believe we should look at Subchapter 6 Dissolution of Districts of Chapter 88 Municipal Improvement Districts Generally for guidance on the proper procedure on how to dissolve and wind up the affairs of the Off -Street Parking Development District. Pursuant to A.C.A. § 14-88-603 Procedures and final report: "(a) The commissioners on the board of a municipal improvement district shall execute a deed in favor of the city conveying all real estate as to which it holds title... and shall pay to the city all funds which it has on hand. (b) The commissioners shall then file with the city or town council a final report bringing up to date its receipts and disbursements since the last annual report... (d) If the city or town council approves the report, the commissioners shall stand discharged from their duties ..." Strangely, A.C.A. § 14-88-604 Conveyances of lands gives conflicting instructions on how to convey land owned by the Off -Street Parking Development District. It says: "All conveyances which are necessary as to lands to which a municipal improvement district holds title shall be executed under the hand of the mayor or acting mayor. The city or town seal shall be attached hereto, which shall be attested by the city or town clerk." (emphasis added). As quoted earlier, the immediately preceding code section states that the "commissioners ... shall execute a deed in favor of the city conveying all real estate...." My proposed "solution" to these conflicting statements about who should sign the deeds conveying the property to the City was to have the Commissioners sign the deed and have the Mayor sign below the Commissioners as agreeing to the conveyance with the Mayor's signature attested by City Clerk Kara Paxton. 4 The City has now received the Off -Street Parking Development District No. 1's approved and signed Resolution and deed. Therefore, I am presenting an Ordinance to the City Council dissolving the District, thanking and releasing all board members from any further responsibilities, and authorizing the Mayor to accept the deed and remaining monetary assets from the District. The Mayor will then also sign the deed conveying all three remaining parking lots to the City and accept all remaining revenue to be used exclusively for parking expenses incurred within the Off -Street Parking District's borders. AFTER THE CITY RECEIVES OWNERSHIP OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT'S PARKING LOTS The three remaining off-street parking lots which will be conveyed to the City were all purchased by the District through taxes on the property owners of the District for the specific purposes of providing off-street parking to benefit all of the property owners financing this acquisition. Accordingly, these three parking lots come with strings attached and should not be considered as available for sale or use any way the City Council might choose. I believe it would be legally suspect to use any of these lots in a way that would reduce their currently available public parking capacities. Even when the City purchased the Parking District's lot north of Rock Street, the public parking available on that lot which was lost to the 'Town Center building was more than made up by the Town Center's parking deck which is usually available to the public at large. Any other proposed Lzse of the three other parking lots would similarly need to maintain at least the same number of public parking spaces for customers, tenants and employees of property owners in the district. However, the City owns other parking lots downtown that do not have such restrictions and can be developed by the City Council even if such development reduces the amount of public parking. 5 A RESOLUTION TO DISSOLVE THE OFF-STREET PARKING DEVELOPMENT DISTRICT NUBER 1 OF THE CITY OF FAYE'TTEVILL>✓, ARKANSAS, TO CONVEY ALL REMAINING PARKING LOTS TO THE CITY OF FAYETTEVILLE AND TO PAY ALL REMAINING REVENUE TO THE CITY OF FAYETTEVILLE WHEREAS, upon Petition from the owners of a majority in assessed value of the property in the Off -Street Parking Development District No. 1 of Fayetteville, Arkansas to establish such District, the Fayetteville Board of Directors passed Ordinance No. 2292 on December 7, 1976, and established said District; and WHEREAS, the District through its board of Directors used revenues from the property owners to successfully build sufficient off-street parking to rejuvenate the downtown area for improved commerce, office and residential uses; and WHEREAS, the Board of the Off -Street lurking Development District has successfully paid all of the bonds used to acquire and develop off-street parking and has not needed any further assessments for over ten years; and WHEREAS, the Board has recently completed renovations and improvements to its three remaining parking lots and now has decided it should now dissolve the District, convey the three parking lots to the City and pay to the City all remaining money it has accumulated from parking revenue over the years. NOW, THEREFORE, BE IT RESOLVED BY THE OFF-STREET PARKING DEVELOPMENT DISTRICT NUMBER 1 OF THE CITY OF FAYETTEVILLE, ARKANSAS Scelion l : The Board of Directors of the Off Street Parking Development District Number I of the City of Fayetteville, Arkansas hereby dissolves the District and authorizes it chairman, Greg Lee, to sign a deed conveying the three remaining parking lots to the City of Fayetteville, pay over to the City of Fayetteville all revenue remaining in the accounts or under the control of the District, and do any and all things necessary to complete the dissolution of the District. PASSED and APPROVED this day of ��,}�2" 2020 APPROVED: By: !Y-S(reet Gre .cChair�'7Parking Development District Number 1 of the City of Fayetteville, Arkansas 10:07 AM Off Street Parking Development District #1 08117120 Balance Sheet Accrual Basis As of July 31, 2020 Jul 31, 20 ASSETS Current Assets CheckinglSavings Arvest 74,225.06 Total Checking/Savings 74,225.05 Other Current Assets 1at Security Bank - CD 172369 52,332.04 Bank of Fayetteville CO 26680 90,297.41 Chambers Bank CD 15100736 109,048.39 Chambers Bank CD 6679100 47,996.81 First State Bank CD 56888 114,190.30 First State Bank CD 56889 103,359.70 Signature Bank CD 100014 81,826.56 Signature Bank CD 102071 28,357.26 Signature Bank CD 105105 53,997.68 Total Other Current Assets 651,406.8.4 Total Current Assets 725,631.89 Fixed Assets Improvements 283,643.38 Total Fixed Assets 283,643.38 Other Assets Accumulated Depreciation - Impr -114,731.38 Land 431,281.27 Total Other Assets 316,549.89 TOTAL ASSETS 1,325,825.16 LIABILITIES & EQUITY Equity Fund Balance 748,391.53 Not Assets Inv In Capital Asset 431,281.27 Unrestricted Net Assets 121,552.73 Net Income 24,599.63 Total Equity 1,326,825.16 TOTAL LIABILITIES & EQUITY 1,325,825.16 Page 1 11:62 AM Off Street Parking Development District #1 08117/20 Profit & Loss Accrual Basis January through December 2019 Jan - Dec 19 Ordinary Income/Expense Income Investments Interest-Savinge, Short-term CD Interest - Checking 1,916.34 Interest -Savings, Short-term CD - 0... 7,310.87 Total Interest -Savings, Short-term CD 9,227.21 Total Investments 9,227.21 Program Income Parking Revenue 31,455.20 Total Program Income 31,456.20 Total Income 40,682.41 Expense Contract Services Accounting frees 3,000.00 Total Contract Services 3,000.00 Total Expense 3,000.00 Net Ordinary Income 37,662.41 Net Income 37,662.41 Page 1 10:01 AM Off Street Parking Development District #1 08/17120 Profit & Loss accrual Basis January through July 2020 Jan - Jul 20 Ordinary Income/Expense Income Investments Interest -Savings, Short-term CD Interest - Checking 110.74 Interest -Savings, Short-term CD - 0... 2,757.22 Total Interest -Savings, Short-term CD 2,867.96 Total Investments 2,867.96 Program Income Parking Revenue 21,731.67 Total Program Income 21,731.67 Total Income Net Ordinary Income 24,599.63 24,599.63 Net Income 24.599.63 Page 1 NORTHWEST ARKANSAS ARCHIVED Democrat 10 On& N""Pirm 3GX'.EC7 _T-Pi LLE .4 17C'o.: Y_•i':. .•'\ . ?-u:r129. '.Y:';14`!5'i, [)'c 7r AFFIDAVIT OF PUBLICATION 1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6365 Was inserted in the Regular Edition on: October 11, 2020 Publication Charges: $220.40 Brittany Smith Subscri> ed and swo to before me This day of 1� ' , 2020. tsluo , Notary Public / ('n �,�d,p`� My Commission Expires: 1 Zg l U/ �a , G�atl` A°� **NOTE** Please do not pay from Invoice will be sent. Ordinance: 6365 File Number: 2020-0803 OFF-STREET PARKING DEVELOPMENT DISTRICT NO. I: AN ORDINANCE TO ACCEPT A DEED TO THREE DOWNTOWN OFF-STREET PARKING LOTS, TO APPROVE A FINAL REPORT OF THE OFF-STREET PARKING DEVELOPMENT DISTRICT NO. 1 OF FAYETTEVILLE, ARKANSAS , TO ACCEPT ALL REVENUES AND MONEY REMAINING WITHIN THE DISTRICT'S POSSESSION, AND TO DISSOLVE THIS DISTRICT WHEREAS, upon Petition from the owners of a majority in assessed value of the property in the Off - Street Parking Development District No. I of Fayetteville, Arkansas to establish such District, the Fayetteville Board of Directors passed Ordinance No. 2292 on December 7, 1976, and established said District; and WHEREAS, the District through its board of Directors used revenues from the property owners to successfully build sufficient off- street parking to rejuvenate the downtown area for improved commerce, office and residential uses; and WHEREAS, the Board of the Off - Street Street Parking Development District has successfully paid all of the bonds used to acquire and develop off-street parking and has not needed any further assessments for over ten years; and WHEREAS, the Board has recently completed renovations and improvements to two of its three remaining parking lots and has decided it should now dissolve the District, convey the three parking lots to the City and pay to the City all remaining money it has accumulated from parking revenue over the years; and WHEREAS, when the City Council approves the report, the Commissioners of the Off -Street Parking Development District No. I of the City of Fayetteville, Arkansas "shall stand discharged from their duties..." A.C.A. § 14- 8M03 Procedures and final report; and WHEREAS, the Commissioners have all properly signed the deed conveying their three parking lots to the City. 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 accepts and approves the report of the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas, accepts full payment of all remaining revenue of the District, and accepts the deed conveying the three remaining off-street parking lots to the City of Fayetteville; Mayor Jordan is authorized to also sign this deed. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby thanks Chairman Greg Lee, Commissioners Evelyn Brooks, Chris Baribeau, George Niblock, Jr. and Don Stroessner for their service on the Off -Street Parking Development District No. 1 of the City of Fayetteville, Arkansas and herby discharges the Chair and all Commissioners from any and all further duties related to the District and dissolves the District as of the date this Ordinance is approved and the remaining money and assets have been given Io the City. PASSED and APPROVED on l0/62020 Yes: 8 Council Member Smith, Council Member Gutierrez, Council Member Marsh, Council Member Kinion, Council Member Petty, Council Member Scroggin, Council Member Bunch and Council Member Turk Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75332683 10/ 112020