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193151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 19,315 AN ORDINANCE ESTABLISHING THE CHENAL VALLEY MUNICIPAL PROPERTY OWNERS MULTI - PURPOSE IMPROVEMENT DISTRICT NO. 10 OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, property owners, claiming to be all the owners of record title of real property located within the territory hereinafter described have filed petitions on April 18, 2005, praying that a municipal property owners improvement district be established pursuant to Ark. Code Ann. Title 14, Chapter 94 for the purposes herein set out, and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has authority to create such a municipal property owners improvement district in that all of the said territory lies completely within the boundaries of said municipality, and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas has heard all the parties desiring to be heard, and has ascertained that said petitions were signed by all the owners of real property within said territory, now, therefore, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, THAT: Section 1. There is hereby established a municipal property owners improvement district embracing the property in the City of Little Rock, State of Arkansas, described in the attached Exhibit A, for the purposes of (i) constructing a 4,050 linear feet extension of Rahling Road from Chenal Parkway to Kanis Road, and improvements to Rahling Road and Chenal Parkway at the intersection thereof including construction of bridge and weir improvements at the Rock Creek intersection, and improvements to Rahling Road and Kanis Road at the intersection thereof, constructing a 1,950 linear feet extension of LaGrande Drive; a 650 linear feet extension of Champagnolle Drive; together with such other street and road improvements incidental thereto as may be depicted in the map attached as Exhibit B; and to open, grade, drain, pave, curb, gutter or otherwise improve [PAGE 1 OF 6] 1 such other streets, roads, highways, and every other way for passage and use of vehicles, 2 and including sidewalks, pedestrian trails and walkways, viaducts, underpasses and 3 appurtenant lighting, either within or without the boundaries of the district if the 4 property of the district will be benefited thereby, and such purposes shall include the 5 acquisition of rights of way by purchase or the exercise of the power of eminent domain; 6 (ii) constructing water mains along various streets and roadways and additional water 7 mains at other locations within the District as may be depicted on the map attached as 8 Exhibit B and other appurtenant water improvements either within or without the 9 boundaries of the District if the property of the District will be benefited thereby; (iii) 10 constructing sanitary sewer gravity mains as may be depicted on the map attached as 11 Exhibit B and other appurtenant sewer improvements either within or without the 12 boundaries of the District if the property of the District will be benefited thereby; (iv) 13 acquiring and constructing electric junction boxes, electric conduits, underground power 14 lines, street lighting and other electric utility improvements as may be depicted on the 15 map attached hereto as Exhibit B either within or without the boundaries of the District if 16 the property of the District will be benefited thereby; (v) all other purposes authorized by 17 Ark. Code Ann. Title 14, Chapter 94 and amendments thereto; and (vi) paying the costs 18 associated with such improvements including, but not limited to, engineering, legal, 19 environmental surveys, governmental approvals and permits; and (vii) conducting any 20 and all other acts which shall be deemed necessary in order to purchase, construct, accept 21 as a gift, operate and maintain any and all improvements authorized therein. Said 22 purposes are to be accomplished in the manner and with the materials that the 23 commissioners for the district shall deem to be in the best interest of the district and as 24 specified by law. The cost of the project shall be assessed upon the real property of the 25 district according to the benefits received. 26 Section 2. Said district shall be known as the "Chenal Valley Municipal Property 27 Owners Multi- Purpose Improvement District No. 10 of Little Rock, Arkansas" (the [PAGE 2 OF 61 1 "District "); and Ray C. Dillon, Clefton D. Vaughan and W. Bayless Rowe, who are the 2 persons nominated in the petition, are hereby named commissioners and shall compose 3 the Board of Commissioners of the District. 4 Section 3. Severability. In the event any title, section, paragraph, item, sentence, 5 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 6 unconstitutional, such declaration or adjudication shall not affect the remaining 7 portions of this ordinance, which shall remain in full force and effect as if the portion so 8 declared or adjudged invalid or unconstitutional was not originally a part of this 9 ordinance. 10 Section 4. Repealer. All ordinances or resolutions of the City in conflict herewith 11 are hereby repealed to the extent of such conflict. 12 Section 3. Emergency. It is hereby found and declared that an immediate need 13 exists for the street and other improvements in order to achieve the most cost effective 14 financing for the accomplishing of the Master Street Plan of the City. It is, therefore, 15 declared that an emergency exists. This Ordinance, being necessary for the immediate 16 preservation of the public peace, health and safety, shall take effect and be in force from 17 and after its passage. 18 PASSED: May 3, 2005 19 ATTEST: APPROVED: 20 21 USX 22 Nan Woo , City Clerk Jim D . ey, Mayor 23 APPROVED AS TO LEGAL FORM: 24 25 26 Thomas M. Carpenter, Ci Attorney 27 [PAGE 3 of 6] 1 2 3 4 5 6 7 8 9 10 11 12 CERTIFICATE I, the undersigned City Clerk of the City of Little Rock, Arkansas, certify that the foregoing is a true and perfect copy of Ordinance No. adopted by the Board of Directors at the City on 2005, and that the Ordinance is of record in the official records of the City in my custody. Given under my hand and seal this day of , 2005. Nancy Wood City Clerk [PAGE 4 OF 61 1 EXHIBIT A 2 3 CHENAL GENERAL IMPROVEMENT DISTRICT NO. 10 4 LITTLE ROCK, ARKANSAS 5 6 LAND LYING WITHIN BOTH SECTIONS 35 AND 36, T -2 -N, R -14 -W, PULASKI COUNTY, 7 ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 8 9 BEGINNING AT THE POINT OF INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF 10 CHENAL PARKWAY AND THE NORTH RIGHT -OF -WAY LINE OF LAGRANDE DRIVE; 11 THENCE S56 029'38 "W ALONG SAID NORTH RIGHT -OF -WAY LINE, 72.99 FT.; THENCE 12 CONTINUE WESTERLY ALONG SAID NORTH RIGHT -WAY LINE, BEING THE ARC OF A 13 447.46 FT. RADIUS CURVE TO THE RIGHT, A CHORD BEARING AND DISTANCE OF 14 N87 027'13 "W, 201.35 FT.; THENCE N74 027'04 "W AND CONTINUING ALONG SAID NORTH 15 RIGHT -OF -WAY LINE, 198.07 FT.; THENCE WESTERLY AND CONTINUING ALONG SAID 16 NORTH RIGHT -OF -WAY LINE BEING THE ARC OF A 507.46 FT. RADIUS CURVE TO THE 17 LEFT, A CHORD BEARING AND DISTANCE S88 052'18 "W, 291.26 FT.; THENCE S72 °1 1'39 "W 18 AND CONTINUING ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.22 FT.; THENCE 19 S17 °48'21 "E, 60.00 FT. TO THE NORTHWEST CORNER OF LOT B, CHENAL VALLEY GMAC 20 CENTER, RECORDED IN PLAT BOOK F -937; THENCE S02 021'56 "E, 498.17 FT. TO THE 21 SOUTHWEST CORNER OF SAID LOT B; THENCE SOUTHERLY TO THE NORTHEAST 22 CORNER OF LOT 7, INDEPENDENCE FARMS, A SUBDIVISION IN PULASKI COUNTY, 23 ARKANSAS; THENCE N88'55'1 3"W ALONG THE NORTH LINE OF LOTS 6, 7, 8 AND 9 OF 24 SAID SUBDIVISION, 760.19 FT. TO THE NORTHEAST CORNER OF LOT 10, SAID 25 SUBDIVISION; THENCE S02 °21'56 "W ALONG THE EAST LINE OF SAID LOT 10, 647.87 FT. 26 TO THE NORTH RIGHT -OF -WAY LINE OF KANIS ROAD; THENCE N83 °47'23 "W ALONG 27 SAID NORTH RIGHT -OF -WAY LINE 571.29 FT. TO THE WEST LINE OF LOT 12 OF SAID 28 SUBDIVISION; THENCE NO2 °21'56 "E ALONG SAID WEST LINE, 596.77 FT. TO THE 29 NORTHWEST CORNER OF SAID LOT 12; THENCE N88 °55'13 "W, 587.38 FT. TO THE 30 SOUTHWEST CORNER OF THE E1 /2 NE1 /4, SE1 /4 SE1 /4 SECTION 35, T -2 -N, R -14 -W; 31 THENCE N01 °20'46 "E ALONG THE WEST LINE THEREOF, 660.01 FT. TO THE 32 NORTHWEST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTH LINE OF 33 THE N1/2 SE1 /4 SAID SECTION 35; THENCE N14 022'17 "E ALONG THE EAST LINE OF 34 TRACT 74 CHENAL VALLEY AND SAID EAST LINE EXTENDED SOUTHERLY, 282.08 FT. 35 TO THE NORTHEAST CORNER OF SAID TRACT 74; THENCE N59 °14'10 "W ALONG THE 36 NORTH LINE OF SAID TRACT 74, 18.92 FT.; THENCE CONTINUE WESTERLY ALONG SAID 37 NORTH LINE, BEING THE ARC OF A 542.96 FT. RADIUS CURVE TO THE LEFT, A CHORD 38 BEARING AND DISTANCE OF N70 059'54 "W, 223.60 FT.; THENCE CONTINUING ALONG 39 THE SAID NORTH LINE, N82 050'56 "W, 50.40 FT.; THENCE N07 007'09 "E, 60.00 FT. TO THE 40 NORTH RIGHT -OF -WAY LINE OF CHAMPAGNOLLE DRIVE; THENCE N82 °50'56 "W ALONG 41 SAID NORTH RIGHT -OF -WAY LINE, 216.64 FT.; THENCE CONTINUING ALONG SAID 42 NORTH RIGHT -OF -WAY, BEING THE ARC OF A 542.96 FT. RADIUS CURVE TO THE 43 RIGHT, A CHORD BEARING AND DISTANCE OF N67 052'56 "W, 280.44 FT. TO THE 44 SOUTHEAST CORNER OF TRACT B, BLOCK 100, CHENAL VALLEY; THENCE N65 °16'29 "E 45 ALONG THE EAST LINE OF SAID BLOCK 100, 624.13 FT. TO THE NORTHEAST CORNER 46 OF LOT 6, SAID BLOCK 100; THENCE N47 020'58 "W, 162.09 FT. TO THE NORTHEAST 47 CORNER OF LOT 5, SAID BLOCK 100; THENCE N55 017'30 "W, 222.26 FT. TO THE 48 NORTHEAST CORNER OF TRACT A, SAID BLOCK 100; THENCE N22 057'27 "W, 100.05 FT. 49 TO THE NORTHWEST CORNER OF SAID TRACT A, A POINT ON THE EAST LINE OF LOT 50 12, BLOCK 5 SAID CHENAL VALLEY; THENCE N40 056'21 "E ALONG THE EAST LINE OF 51 SAID LOT 12 AND ALONG SAID LINE EXTENDED, 390.00 FT.; THENCE N41 035'40 "E, [PAGE 5 OF 6] 1 447.43 FT. TO THE SOUTHEAST CORNER OF TRACT C, BLOCK 10, SAID CHENAL 2 VALLEY; THENCE N31 °26'35 "E ALONG THE EAST LINE OF SAID TRACT C, 757.78 FT.; 3 THENCE N26 009'23 "E ALONG SAID EAST LINE, 185.0 FT.; THENCE N11 °11'13 "W ALONG 4 SAID EAST LINE, 232.19 FT. TO THE NORTHERNMOST CORNER OF SAID TRACT C, A 5 POINT ON THE PROPERTY LINE OF THE CHENAL VALLEY GOLF COURSE; THENCE 6 NORTHEASTERLY ALONG SAID PROPERTY LINE THE FOLLOWING COURSES AND 7 DISTANCES (N68 015'17 "E, 210.02 FT.; N45 020'21 "E, 429.22 FT.; N65 °29'20 "E, 126.22 FT.) 8 TO THE WEST RIGHT -OF -WAY LINE OF CHENAL PARKWAY; THENCE SOUTHERLY 9 ALONG SAID WEST RIGHT -OF -WAY LINE, APPROXIMATELY 3290 FT. TO THE POINT OF 10 BEGINNING, 11 12 LESS AND EXCEPT 13 14 THAT 50 FT. RIGHT -OF -WAY OWNED BY THE CITY OF LITTLE ROCK, ARKANSAS FOR A 15 RAW WATER PIPE LINE SERVING THE CITY. CONTAINING A NET OF 174.5 ACRES 16 MORE OR LESS. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 /1 [PAGE 6 OF 6]