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18763• 2002194115 11/06/2082 10:18:38 API Filed 8 Recorded in Official Records of CAROLY COUNTY ORDINANCE NO. 18,763 F'ULp5KI COUNTY CIRCUITICOUNTY CLERK AN ORDINANCE ESTABLISHING THE WEST CANTRELL ROAD Fees $32.00 SEWER MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 149 OF LITTLE ROCK, ARKANSAS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, an individual, claiming to be the sole owner of record title of real property located within the territory hereinafter described has filed a petition on the 20`x' day of September 2002, 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 pursuant to Ark. Code Ann. Title 14, Chapter 94, because all of the owners of record title as reflected by the deed records in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County have petitioned for the formation of this district, 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, IT IS ORDAINED by the Board_ of Directors of the City of Little Rock, Arkansas: 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 purchasing, accepting as a gift, constructing, or maintaining waterworks, drainage, pipelines, underground trenches, and excavations necessary for the installation by public utilities or municipal utilities of sanitary sewers together with facilities related to the foregoing, as depicted in the map attached as Exhibit B to s aid" petition, either . within or without the boundaries of the district if the property of the district will be;'b`er efitted n .i o j'syt��`�"6r �Io v ti- thereby, and for all purposes authorized by Ark. Code Ann. Title 14, Chapter 94 and amendments thereto; and to do any and all other acts which shall be deemed necessary in order to purchase, construct, accept as a gift, operate, and maintain any and all improvements authorized herein. Said purposes shall be accomplished in the manner and with the materials that the commissioners for the district shall deem to be in the best interest of the district and as specified by law. The cost of the project shall be assessed upon the real property of the district according to the benefits received. Section 2. Said district shall be known as the "West Cantrell Road Sewer Municipal Property Owners' Improvement District No. 149 of Little Rock, Arkansas" (the "District "); and Grant McKay, S. Barksdale McKay and Carol Ann McKay, who are the persons nominated in the petition, are hereby named commissioners and shall compose the Board of Commissioners of the District. Section 3. Emergency. It is hereby found and declared that an immediate need exists for the improvements described herein. It is, therefore, declared that an emergency exists. This Ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. { PASSED: OCTOBER 15, 2002 L APPROV MAYOR . 1 DAILEY ATTEST: CIT CLE C NANCY WOOD F: \DISTRICT\we Cawell Road Se,e,UI- 170,donce Establishing DMI10 w pd IFRLED SEP 2 0 inn? NANCY WOOD /�.,,; LITTLE ROCK CITY CLERK NOTICE 20021941151 ®I IN RE: WEST CANTRELL ROAD SEWER MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 149 OF LITTLE ROCK, ARKANSAS PETITION FOR FORMATION OF PROPERTY OWNERS' IMPROVEMENT DISTRICT TO THE BOARD OF DIRECTORS FOR THE CITY OF LITTLE ROCK, ARKANSAS: The undersigned ("Petitioner"), Starmax Properties, LP, a Texas limited partnership, and Grant McKay, the record owners of all real property within the area of the proposed property owners' improvement district ( "Proposed District "), do hereby petition the Board of Directors for the City of Little Rock, Arkansas (`Board "), under Chapter 94 of the Arkansas Code of 1987 • 0 Annotated, to lay off into a property owners' improvement district the real property described in Exhibit "A," attached hereto and incorporated herein by reference. Exhibit `B," attached hereto and incorporated herein by reference, is a map of the area of the Proposed District, which depicts and generally describes the proposed improvements to be constructed by the District. The Proposed District shall be organized for the purposes of purchasing, accepting as a gift, constructing, or maintaining waterworks, drainage, pipelines, underground trenches, and excavations necessary for the installation by public utilities or municipal utilities of sanitary sewers together with facilities related to the foregoing; doing all things now or hereafter permitted under applicable law, including, without limitation, A.C.A. §14 -94 -110 and A.C.A. §14 -93 -111, to be done and performed by property owners' improvement districts. Attached hereto as Exhibit "C" and incorporated herein by reference is a Certificate of Abstractor by Beach Abstract and Guaranty Company, which provides, to the effect, that the Petitioners are the record owners of all of the real property located within the area of the Proposed District. The Petitioners further petition the Board to name as commissioners ofthe Proposed District, S. Barksdale McKay, Carol Ann McKay and Grant McKay, each ofwhom is an individual of integrity and good business ability and is a property owner in the District by his beneficial interest to the lands in the District. The Petitioners further petition the Board to select as the Proposed District's name "West Cantrell Road Sewer Municipal Property Owners' Improvement District No. 149 of Little Rock, Arkansas." None of the real property to be included in the Proposed District lies in more than one (1) municipality. PETMON FOR FORMATION / PAGE 2 "West Cantrell Road Sewer Property O"en, improvement District No. 149 or Little Roc$ Arlo PETITIONERS: STARMAX PRWERTIES, LP M Partner Grant McKay C.\Documems and Settings\Barksdale Mckay\Local Settings \Temporary Internet Files \OLKI3\31- 69Petition.wpd PETITION FOR FORMATION I PAGE 3 "West Cantrell Road Sewer Property Owners' Improvement District No. 149 of Little Rock, Arkansas" 07:22a 2002 08: I0 8211660 Doc# 2002194115 p-2 kHITE DATERS ® _ PAGE 02/02 i LJ Doc# 2002194115 !"I: I II (1)\ \t :1 1 \ I I'Z I . I . I . IY I) •i ip `1. \\ I : IR \ l l \ I ( 111" � I . " 2(1 I'I:I'Z hl (1) \\ \ :I'Z�• II \111 "i'Z(1) \1:Alll:A h no mffid eamAgmasdl Abeemcomg (CommgoffimY N em bg Coulaw AM fi4 1mMZ mgmahma too ]peddom to be f Ball wtA am Ctgy of ILfftiflce Reek, Asikffimaffia, >pm�dMg fair ¢@t(t ffGn mm9km Of ffi ,%war i MM enP@E?u®lp eY O+mcem, nmlollmdlce hmdla h?mkalku cComm4v, An ikffirmaffia, ffim a mnoae 1pffiudnomllffia°llq a➢m edba h glee @x ddem. 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I::I� CI VL'tti12•� "I .r .1 ��12•�AI\ (111vItN��At BY ��- Allmmffi A.11Bomm ere emuo� �'Vkn IPti°ce malm4 DRAFT • ORDINANCE NUMBER D# 2002194115 AN ORDINANCE ESTABLISHING WEST CANTELL ROAD PROPERTY OWNERS' SEWER MUNICIPAL IMPROVEMENT DISTRICT NO, 149 OF LITTLE ROCK, ARKANSAS WHEREAS, the parties claiming to be the owners of the real property located within the territory hereinafter described, have filed their petition praying that an improvement district be established for the purposes hereinafter set out, and WHEREAS, after ascertaining that the petition was signed by the owners of the real property within the territory, now, therefore, BE IT ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: SECTION 1. There is hereby established an improvement district embracing the following real property in the City of Little Rock, County of Pulaski, State of Arkansas, to -wit: ATTACHED: EXHIBIT A for the following purposes: The purposes for which the district is to be formed are as follows: A. The purchasing, accepting as a gift, constructing, or maintaining waterworks, drainage, pipelines, underground trenches, and excavations necessary for the installtion by public utilities of sanitary sewers together with facilities elated to the foregoing; doing all ting now or hereafter permitted under applicable law, inclusing without limitation A.C.A 14 -94 -110 and A.C.A. 14 -93 -111, to be done and performed by property owners' improvement districts. If deemed advisable and in accordance with applicable laws, to have the right, but not an obligation, to connect the system to the wastewater system of the City of Little Rock or other municipality, association or improvement district by the acquisition or construction of proper sewage lines, either within or without the boundaries of the district, if a reasonable and realistic opportunity to do so should develop and if the property within the district will be benefited thereby; and i To operate and maintain any such wastewater system and facilities. B. To accomplish any and all other purposes authorized by law, specifically including but not limited to those intents and purposes stated in Arkansas Code Annotated Sections 14 -94 -101 et seq. The district shall be known as " West Cantrell Road Sewer Municipal Property Owners' Sewer Improvement District No. 149 of Little Rock, Arkansas;" and S. Barksdale McKay, Carol Ann McKay and Grant McKay, who are owners of real property within the district, are hereby named commissioners and shall compose the Board of Improvement for the district and may proceed with the district's affairs as authorized by law and set forth in the petition filed in request of this Ordinance. SECTION 2. There is hereby declared to be an existing emergency in that there is an immediate need for the formation of this improvement district to promote and protect the health, safety and welfare of the citizens of Little Rock, Arkansas, and this ordinance shall be in full force and effect from and after its passage. PASSED: 2002 ATTEST: Nancy Wood, City Clerk C:pYM W OM \I IMS\252brdman.252doc APPROVED: Jim Dailey, Mayor 4