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202132010009382 Received: 212212010 8:56:08 AM Recorded: 0212212010 09:13:85 AM Filed Recorded in Official Records of FAT O'BRIEN. PULASKI COUNTY CIRCUITICOUNTY CLERK 1 ORDINANCE NO. 20,213 Fees $28000 2 3 AN ORDINANCE TO ASSESS THE VALUE OF BENEFITS TO BE RECEIVED 4 BY THE OWNERS OF EACH OF THE SEVERAL BLOCKS, LOTS AND 5 PARCELS OF LAND WITHIN LITTLE ROCK MULTIPURPOSE 6 IMPROVEMENT DISTRICT NO. 2007 -304 PARKWAY NEIGHBORHOOD 7 ASSOCIATION PROJECT; TO DECLARE AN EMERGENCY; AND FOR 8 OTHER PURPOSES. 9 10 WHEREAS, a majority in value of the property holders owning property and situated in Little Rock 11 Multipurpose Improvement District No. 2007 -304- Parkway Neighborhood Association Project (the 12 "District "), filed petitions with the Little Rock City Clerk for consideration by the Little Rock Board of 13 Directors, seeking establishment of the District; and 14 WHEREAS, the District was organized for the purposes of (1) constructing, renovating, operating, 15 supervising, maintaining and replacing within the District capital improvements, common areas and 16 facilities related primarily to tennis courts, swimming pool and related green areas and playground facilities 17 to serve the inhabitants of the District ( the "improvements "), as more fully described in the Petition for the 18 formation of the District and such purposes shall include, if essential to the purposes of the District, the 19 acquisition of rights of way by purchase or the exercise of the power of eminent domain and to maintain 20 such facilities lying within the boundaries of the District or beyond the boundaries of the District if the 21 District would be benefited thereby: (2) for all purposes authorized by Arkansas Code Annotates § 14 -88- 22 202 and any and all other statutes or acts which will be deemed necessary in order to purchase, construct, 23 accept as a gift, operate and maintain any and all improvements authorized herein; and 24 WHEREAS, the petition stated that said purposes were to be accomplished in the manner that the 25 Commissioners of the District deemed to be in the best interests of the District, and the cost thereof to be 26 assessed upon the real property of the District according to the benefits received; and 27 WHEREAS, the Little Rock Board of Directors established the District to accomplish the above purposes 28 by passing ordinance No. 19,901 of the ordinances of the City of Little Rock, Arkansas, on January 8, 2008; 29 and 30 WHEREAS, the Commissioners of the District have made and filed with the City Clerk plans for the 31 32 improvements to the District and have reported to the Little Rock Board of Directors the estimated cost of the ` \` \1tJ11t11i r14 / °/ improvements; and �.�`� F THE c'a [PAGE 1 of 3] �1; ARKANSPS`�`'` � /�ruenlln\e \I 1 WHEREAS, a Board of Assessment was appointed by the Little Rock Board of Directors to assess 2 the benefits received by each lot, block and other subdivision of the land within the District by reason of 3 the improvements; and 4 WHEREAS, the District's Board of Improvement retained Alan King, Marian Walker and Lee Jones 5 as the District's Board of Assessment to perform the assessment of benefits for the District and said 6 assessments of benefits was performed and provided to the District's Board of Improvement for review; 7 and 8 WHEREAS, the Board of Improvement approved the assessment of benefits prepared by the Board 9 of Assessment with an annual levy of 3.0% that shall be assessed to each lot, block, and other subdivision 10 of the land within the District; and 11 WHEREAS, after duly reviewing and making the assessments, the Board of Assessment of the 12 District filed the assessments in the office of the City Clerk pursuant to law, and notice of such filing was 13 duly published in the Arkansas Democrat- Gazette, a newspaper published in and of general circulation in 14 the City of Little Rock, Arkansas, on the 11h day of December, 2009; and 15 WHEREAS, the hearing on assessments has been conducted for all parties whose real estate is 16 embraced in the District; and 17 WHEREAS, the benefits received by each and every block, lot and parcel of real property situated in 18 the District equal or exceed the local assessment thereon; and 19 WHEREAS, estimated construction cost of the stated improvements for the District is $1,000,000; 20 and 21 WHEREAS, the assessed benefits are $6,512,468; 22 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 23 OF LITTLE ROCK, ARKANSAS: 24 Section 1. That each of the blocks, lots and parcels of real property in the District be assessed 25 according to the assessment list of the District as the same now remains in the office of the City Clerk, 26 and that 3.0% of the assessment of each of the blocks, lots and parcels shall be collected by the County 27 Collector of Pulaski County, Arkansas, with the first installment of general taxes becoming due in the 28 year 2010 and annually thereafter with the first installment of general taxes until the whole of the local 29 assessments shall be paid. 30 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, 31 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such 32 declaration or adjudication shall not affect the remaining portions of the ordinance which shall 33 remain in full force and effect as if the portion so declared or adjudged invalid or 34 unconstitutional were not originally a part of the ordinance. [PAGE 2 OF 3 ] 1 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 28 29 30 31 32 33 34 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Section 4. It is hereby determined by the Little Rock Board of Directors that there is an immediate need for the improvements by the District, and that the real property in the District be assessed in a manner sufficient to pay for such improvements, in order to provide for the public peace, health and safety, and therefore an emergency is declared to exist and this ordinance shall take effect and be in force from and after its passage. PASSED: February 2, 2010 A TE APPROVED: 1 N /Susan,an ley, ng City Clerk Mark Stodola, Mayor APPROVED AS TO LEGAL FORM: Thomas M. Carpent r, Ci ttorney /1 [PAGE 3 of 3 ]