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
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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"
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2002 08: I0 8211660
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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
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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