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ORDINANCE NO. 19457
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK. ORD. NO. 19,436
4 (NOVEMBER 15, 2005); TO MAKE TECHNICAL CLARIFICATIONS
5 TO THE ORDINANCE WHICH ESTABLISHED COVENANT COVE
6 MUNICIPAL MULTIPURPOSE PROPERTY OWNERS'
7 IMPROVEMENT DISTRICT NO. 640 OF LITTLE ROCK, ARKANSAS;
8 TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES.
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10 WHEREAS, the Board of Directors established Covenant Cove Municipal
11 Multipurpose Property Owners' Improvement District No. 640 of Little Rock, Arkansas
12 in Little Rock, Ark. Ord. No. 19,436 on November 15, 2005; and
13 WHEREAS, the district was properly formed, but the property owners have
14 expressed a desire to more specifically define the purposes of the district, and have now
15 provided the names of the Commissioners for the district.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
17 OF THE CITY OF LITTLE ROCK, ARKANSAS:
18 Section 1. Sections 1- 4 of Little Rock, Ark. Ord. No. 19,436 are hereby amended
19 to read as follows:
20 "Section 1. There is hereby established an improvement district ( "District ")
21 embracing the following described real property in the City of Little Rock, County of
22 Pulaski, State of Arkansas, to -wit:
23 Part of the NW 1/4 NE 1/4 NE 1/4 Section 15, T -1 -N, R -13 -W, Little Rock,
24 Pulaski County, Arkansas.
25 Commencing at the NE corner of NW 1/4 NE 1/4 NE 1/4 Section 15, T -1 -N,
26 R -13 -W, Pulaski County, Arkansas; thence N 87° 49' 44" W 4.84 feet to the
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To Establish Property Owners Improvement District No. 640
I W 626.44 feet; thence N 01° 12' 51" E 671.29 feet; thence S 87° 49'44" E
2 629.17 feet to the point of beginning. Containing 9.68 acres, more or less.
3 Section 2. The purposes for which the District is formed are as follows:
4 A. To acquire by purchase (by contract or eminent domain) or gift, or to
5 construct, either within or without the boundaries of the District, if the
6 property within the District will be benefited thereby, a sanitary
7 waterworks distribution system and all other appurtenances necessary or
8 useful and convenient for the operation and maintenance of such system,
9 including the rights -of -way essential thereto, within and outside the
10 boundaries of the District; and, to construct such other improvements,
1 1 directly or indirectly connected therewith, as may be required by the City of
12 Little Rock or the County of Pulaski and other governmental authorities as
13 prerequisites or conditions to lawfully and properly completing the intents
14 and purposes of the District; and
15 If deemed advisable and in accordance with applicable laws, to have
16 the right, but not an obligation, to connect the system to the waterworks
17 system of the City of Little Rock or other municipality, association or
18 improvement District by acquisition or construction of proper water lines,
19 either within or without the boundaries of the District, if a reasonable and
20 realistic opportunity to do so should develop and if the property within the
21 district will be benefited thereby; and
22 To operate and maintain any such waterworks system and facilities.
23 B. To acquire by purchase (by contract or eminent domain) or gift, or to
24 construct, either within or without the boundaries of the District, if the
25 property within the District will be benefited thereby, a sewage collection
26 system, intercepting sewers, outfall sewers, force mains, pumping stations,
27 ejector stations, and all other appurtenances necessary or useful and
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To Establish Property Owners Improvement District No. 640
I convenient for the collection and disposal of industrial or domestic sewage,
2 including the rights -of -way essential thereto, within and outside the
3 boundaries of the District; and, to construct such other improvements,
4 directly or indirectly connected therewith, as may be required by the City of
5 Little Rock or the County of Pulaski and other governmental authorities as
6 prerequisites or conditions to lawfully and properly completing the intents
7 and purposes of the District; and
8 If deemed advisable and in accordance with applicable laws, to have
9 the right, but not an obligation, to connect the system to the wastewater
10 system of the City of Little Rock or other municipality, association or
I 1 improvement district by the acquisition or construction of proper sewage
12 lines, either within or without the boundaries of the district, if a reasonable
13 and realistic opportunity to do so should develop and if the property
14 within the District will be benefited thereby; and
15 To operate and maintain any such wastewater system and facilities.
16 C. To acquire by purchase (by contract or eminent domain) or gift and
17 to construct, operate, supervise, maintain and replace within and outside
18 the District recreational and common areas, private limited common areas
19 and facilities related thereto, including but not limited to, green areas,
20 landscaped areas, district lighting improvements, street lighting
21 improvements, recreational facilities, water way or wet area construction,
22 as the Board of Commissioners should subsequently decide, along with
23 access easements thereto, and other improvements necessary or desirable to
24 enhance the use and benefits of such areas and improvements beyond the
25 boundaries of the District to obtain its desired effect.
26 D. To open, grade, drain, pave, curb, gutter, and otherwise improve
27 streets, roads, highways, parking areas, and every other way, including
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To Establish property Owners Improvement District No. 640
I viaducts and underpasses for passage and use of vehicles, either within or
2 without the boundaries of the District, if the property of the District will be
3 benefited thereby. Such purposes shall include the acquisition of rights -of-
4 way by purchase or the exercise of the power of eminent domain, and to
5 maintain such streets, roads, highways, parking areas and every other way
6 for passage and use by vehicles, lying within the boundaries of the district
7 or beyond the boundaries of the District, if the property of the District will
8 be benefited thereby.
9 E. To accomplish any and all other purposes authorized by law,
10 specifically including but not limited to those intents and purposes stated in
I 1 Arkansas Code Annotated Sections 14 -94 -101 et seq.
12 Section 3. The District shall be known as "Covenant Cove Municipal
13 Multipurpose Property Owners' Improvement District No. 640 of Little Rock,
14 Arkansas;" and, Pam Brown Courtney, Dr. Betty Orange and Dr. Willis Courtney, who
15 are owners of real property within the District or creditors of the District, are hereby
16 named commissioners and shall compose the Board of Improvement for the District and
17 may proceed with the District's affairs as authorized by law and set forth in the petition
18 filed in request of this Ordinance.
19 Section 4. Severability. In the event any title, section, paragraph, item,
20 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid
21 or unconstitutional, such declaration or adjudication shall not affect the remaining
22 portions of the ordinance which shall remain in full force and effect as if the portion so
23 declared or adjudged invalid or unconstitutional was not originally a part of the
24 ordinance."
25 Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters
26 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
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To Establish Property Owners Improvement District No. 640
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Section 5. Repealer. All ordinances, resolutions, bylaws, and other matters
inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
Section 6. Emergency Clause. The Board of Directors hereby determines that
this amendment is to fulfill the desired purpose of a majority in value of the property
owners, but not to change the effective date of the creation of the district; that such
action is necessary to assure proper compliance with Arkansas statutes; that to do so,
and to assure that improvement districts are properly and carefully created, is essential
to protect the public health, safety and welfare; therefore, an emergency is declared to
exist and this ordinance will be in full force and effect from the date of passage of the
original ordinance.
PASSED: December 13, 2005
ATTEST:
N cy Woo , City Clerk
AP' P^R, OVED AS TO LEGAL FORM:
Th mas M. arpenter, City Attorney
To Establish Property Owners Improvement District No. 640
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APPROVED:
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Jim Yailey, Mayor