19288I
2
ORDINANCE NO. NO. 19t288
3 AN ORDINANCE TO ESTABLISH ASHLEY GLENN MUNICIPAL
4 MULTI - PURPOSE PROPERTY OWNERS' IMPROVEMENT
5 DISTRICT NO. 640 OF LITTLE ROCK, ARKANSAS; AND FOR
6 OTHER PURPOSES.
7
8 WHEREAS, the party claiming to be the owner of the real property located within
9 the territory described in Attachment "A" attached hereto, has filed a petition praying that
10 an improvement district be established for the purposes hereinafter set out, and
11 WHEREAS, it has been ascertained that the petition was signed by the owner of the
12 real property within the territory;
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
14 THE CITY OF LITTLE ROCK, ARKANSAS:
15 Section 1. There is hereby established an improvement district embracing the real
16 property described in Attachment "A" hereto in the City of Little Rock, County of Pulaski,
17 State of Arkansas.
18 Section 2. The purposes for which the district is to be formed are as follows:
19
20 A. To acquire by purchase (by contract or eminent domain) or gift, or to construct,
21 either within or without the boundaries of the district, if the property within the
22 district will be benefited thereby, a sanitary waterworks distribution system and all
23 other appurtenances necessary or useful and convenient for the operation and
24 maintenance of such system, including the rights -of -way essential thereto, within
25 and outside the boundaries of the district; and, to construct such other
26 improvements, directly or indirectly connected therewith, as may be required by the
27 City of Little Rock or the County of Pulaski and other governmental authorities as
28 prerequisites or conditions to lawfully and properly completing the intents and
29 purposes of the district; and
[PACE 1 of 4]
I If deemed advisable and in accordance with applicable laws, to have the right,
2 but not an obligation, to connect the system to the waterworks system of the City of
3 Little Rock or other municipality, association or improvement district by acquisition
4 or construction of proper water lines, either within or without the boundaries of the
5 district, if a reasonable and realistic opportunity to do so should develop and if the
6 property within the district will be benefited thereby; and
8 To operate and maintain any such waterworks system and facilities.
9
10 B. To acquire by purchase (by contract or eminent domain) or gift, or to construct,
11 either within or without the boundaries of the district, if the property within the
12 district will be benefited thereby, a sewage collection system, intercepting sewers,
13 outfall sewers, force mains, pumping stations, ejector stations, and all other
14 appurtenances necessary or useful and convenient for the collection and disposal of
15 industrial or domestic sewage, including the rights -of -way essential thereto, within
16 and outside the boundaries of the district; and, to construct such other
17 improvements, directly or indirectly connected therewith, as may be required by the
18 City of Little Rock or the County of Pulaski and other governmental authorities as
19 prerequisites or conditions to lawfully and properly completing the intents and
20 purposes of the district; and
21
22 If deemed advisable and in accordance with applicable laws, to have the right,
23 but not an obligation, to connect the system to the wastewater system of the City of
24 Little Rock or other municipality, association or improvement district by the
25 acquisition or construction of proper sewage lines, either within or without the
26 boundaries of the district, if a reasonable and realistic opportunity to do so should
27 develop and if the property within the district will be benefited thereby; and
28
29 To operate and maintain any such wastewater system and facilities.
30
31 C. To acquire by purchase (by contract or eminent domain) or gift and to construct,
32 operate, supervise, maintain and replace within and outside the district recreational
33 and common areas and facilities related thereto, including but not limited to, green
34 areas, landscaped areas, district lighting improvements, street lighting
35 improvements, recreational facilities, water way or wet area construction, as the
36 Board of Commissioners should subsequently decide, along with access easements
37 thereto, and other improvements necessary or desirable to enhance the use and
38 benefits of such areas and improvements beyond the boundaries of the district to
39 obtain its desired effect.
[PAGE 2 OF 4]
I D. To open, grade, drain, pave, curb, gutter, or otherwise improve streets, roads,
2 highways, parking areas, and every other way, including viaducts and underpasses
3 for passage and use of vehicles, either within or without the boundaries of the
4 district, if the property of the district will be benefited thereby. Such purposes shall
5 include the acquisition of rights -of -way by purchase or the exercise of the power of
6 eminent domain, and to maintain such streets, roads, highways, parking areas and
7 every other way for passage and use by vehicles, lying within the boundaries of the
8 district or beyond the boundaries of the district, if the property of the district will be
9 benefited thereby.
10
11 E. To accomplish any and all other purposes authorized by law, specifically
12 including but not limited to those intents and purposes stated in Arkansas Code
13 Annotated Sections 14 -94 -101 et seq.
14
15 Section 2. The District shall be known as "Ashley Glenn Municipal Multi- Purpose
16 Property Owners' Improvement District No. 640 of Little Rock, Arkansas and Leonard R.
17 Boen, Steve Hockersmith, and Elizabeth Small, who are owners of real property within the
18 District or creditors of the District, are hereby named commissioners and shall compose the
19 Board of Improvement for the District and may proceed with the District's affairs as
20 authorized by law and set forth in the petition filed in request of this Ordinance.
21 Section 3. Severability. In the event any title, section, paragraph, item, sentence,
22 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
23 unconstitutional, such declaration or adjudication shall not affect the remaining portions of
24 the ordinance which shall remain in full force and effect as if the portion so declared or
25 adjudged invalid or unconstitutional was not originally a part of the ordinance.
26 Section 4. Repealer. All ordinances, resolutions, bylaws, and other matters
27 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
28 Section 5. Emergency Clause. There is hereby declared to be an existing emergency
29 in that there is an immediate need for the formation of the district to promote and protect
30 the health, safety and welfare of the citizens of Little Rock, Arkansas and this ordinance
31 shall be in full force and effect from and after its passage.
[PAGE 3 OF 4]
I PASSED: February 15, 2005
2
3 ATTEST:
4
5
6 Nancy W0 d, City Clerk
7
8 APPROVED AS TO LEGAL FORM:
9
10 lkA
11 Thomas M. Carpenter, City ktorney
12 H
13 H
14 H
15 H
16 H
17 H
18 H
19 H
20 H
21 H
22 H
23 H
24 H
25 H
26 H
PAGE 4
APPROVED:
,1
4zzm gwj,,�,
Jim 'ley, Mayor
ATTACHMENT "A'
PART OF THE S1 /2 OF SECTION 16 AND PART OF THE N1 /2 OF SECTION 21,
T -1 -N, R -13 -W, LITTLE ROCK, PULASKI COUNTY, ARKANSAS MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF THE NW1 /4, SAID SECTION
21; THENCE N88701'13 "W, 739.76 FT. TO THE POINT OF BEGINNING;
THENCE NOt'37'25 "E, 237.77 FT.; THENCE N88'17'33 "W, 724.88 FT. TO
A POINT ON THE EAST RIGHT -OF -WAY LINE OF BOWMAN ROAD; THENCE
NORTHERLY ALONG SAID EAST RIGHT -OF -WAY LINE THE FOLLOWING; (1)
N10'49'59"W, 214.00 FT.; (2) NOT36'40 "W, 216.90 FT.; (3)
NOT33' 17"W, 180.27 FT.; (4) NORTHEASTERLY ALONG THE ARC OF A
642.54 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE
OF NO8'55'29 "E, 364.54 FT. AND (5) N25'26'43 "E, 129.82 FT.; THENCE
587'53'56 "E, 604.46 FT.; THENCE S87'46'26 "E, 398.57 FT.; THENCE
NO2'1 0'28"E, 228.64 FT.; THENCE N41'31'17 "E, 248.01 FT.; THENCE
N0T23'42 "E, 387.45 FT.; THENCE N89'36'04 "E, 193.37 FT.; THENCE
NOO'57'54"W, 100.01 FT.; THENCE S88'03'28 "E, 208.74 FT.; THENCE
N89'06'05 "E, 74.61 FT.; THENCE N3527'43 "E, 6.57 FT.; THENCE
N00' 37'29"W, 408.35 FT. TO A POINT ON THE NORTH LINE OF THE NW1 /4
SE1 /4, SAID SECTION 16; THENCE S87'05'53 "E ALONG SAID NORTH LINE,
371.53 FT. TO A POINT ON THE WEST RIGHT -OF -WAY LINE OF INTERSTATE
ROUTE #430; THENCE SOUTHERLY ALONG SAID WEST RIGHT -OF -WAY LINE
THE FOLLOWING: (1) S18'50'59 "W, 172.52 FT.; (2) S03'12'36 "W, 575.96
FT.; (3) 506'00'30 E, 226.97 FT.; (4) S02'01'28 "W, 401.39 FT.; (5)
S12'07 4VV, 707.53 FT.; (6) S30'56'53 "W, 453.48 FT.; (7)
S14'08'12"W, 356.33 FT. AND (8) S14-25'51 "W, 143.11 FT.; THENCE
N52'32'34"W, 240.17 FT.; THENCE S36'45'12 "W, 198.45 FT.; THENCE
S68'00'26 "W, 250.16 FT.; THENCE S14'59'35 "E, 292.49 FT.; THENCE
S6T41'36"W,`90.73 FT.; THENCE N14'59'35 "W, 293.00 FT.; THENCE
568'00'26 "W, 208.48 FT.; 'THENCE NO1'37'25 "E, 559.25 FT. TO THE
POINT OF BEGINNING.
LESS AND EXCEPT THE RIGHT -OF -WAY FOR W. 36TH STREET.
LESS AND EXCEPT THE PROPERTY NORTH OF THE SOUTH
FLOODWAY LINE OF BRODIE CREEK.
TOTAL AREA - 72.6 ACRES MORE OR LESS.
(BEARINGS BASED ON ARKANSAS STATE PLANE COORDINATES - NORTH ZONE)
PAGE 5