Loading...
HomeMy WebLinkAbout15676M ORDINANCE NO. 15,676 1 5 6 AN ORDINANCE FOR THE PURPOSE OF DISSOLVING RUMMEL ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS; REPEALING PROVISIONS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES WHEREAS, on February 2, 1982, Ordinance No. 14191 was enacted into law which established the Rummel Road Water Improvement District No. 137 (the "District ") of Little Rock, Arkansas, WHEREAS, on March 16, 1989, the duly authorized and elected Commissioners, Bryan Fitzgerald, Johnnie W. Kelly, Sr., and Kenneth E. Duckworth, (the "Commissioners) of the Rummel Road Water Improvement District No. 137 of Little Rock, Arkansas, issued their Resolution dissolving the District pursuant to A.C.A. 14 -92 -206, et seq. consistent with the purposes and intents ordained hereby. Said Resolution has been filed with the City Clerk of Little Rock, Arkansas, a copy of which is attached as Exhibit "A ". WHEREAS, the said Commissioners have determined that all bonds, notes or other evidences of indebtedness, plus all interest thereon, have been paid in full; and WHEREAS, said Commissioners have further determined that the District has fully accomplished the purposes for which it was formed and has fully completed the construction of the improvements which it has undertaken; and WHEREAS, title to and control of the facilities constructed by the District have been taken over and assumed by the governing body which formed the District; and WHEREAS, said Commissioners now intend to wind up the affairs of the District and cause the District to be dissolved according to the provisions of the laws of the State of Arkansas; WHEREAS, after due notice required by law, the City Board of Directors of Little Rock, Arkansas, has heard all the parties desiring to be heard, and has ascertained that said Resolution has been unanimously approved by the Commissioners of the Rummel Road Water Improvement District No. 137 of Little Rock; now, therefore D -� 7 E-I / 159 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The Rummel Road Water Improvement District No. 137 of Little Rock, Arkansas is hereby dissolved by unanimous vote of the Commissioners of said District and approval of the City Board of Directors of Little Rock, Arkansas. Section 2. All future levies and assessments of the District are hereby cancelled and the Commissioners are hereby relieved from further duties. Section 3. That Barbara W. Webb, Associate of the law firm of Eichenbaum, Scott, Miller, Liles & Heister, P.A., attorneys to the District, is hereby authorized and directed to convert all valid and undisputed assets of the District into cash and thereafter to pay all debts of the District from such surplus funds, including all reasonable and necessary fees and costs of the dissolution herein. Section 4. The remainder of such surplus funds, shall be refunded, pro rata to the property owners who hold title to the property in the District at the time the refund is made. Said refund shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel or parcels of property prior to dissolution, and shall be on the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all the property in the District, except that no property owner whose property is delinquent in any sum for District assessments shall be counted in calculating the refund amount, or receive any portion of such refund. Section 5. The attorneys of the District are hereby authorized and directed to file a copy of this Ordinance, and a financial statement of the District verified by all Commissioners, in the offices of the City and County Clerk within which the District is situated, within ninety (90) days of the date of the final distribution of the District's funds in accordance with the provisions hereof, and to take all further action necessary to complete dissolution of the District. -2- Section 6. All conflicting provisions of Ordinance No. 14191 and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed May 2 , 1989. Approved: Al ATTEST: Mayor F yd G. Villines, III City rk Jane ech 0391M -3- • • Exhibit "A" RESOLUTION DISSOLVING DISTRICT WHEREAS, the undersigned Commissioners of the Rummel Road Water Improvement District No. 137 of Little Rock, Arkansas, (the "District ") have determined that all bonds, notes or other evidences of indebtedness, plus all interest thereon, have been paid in full; and WHEREAS, said Commissioners have further determined that the District has fully accomplished the purposes for which it was formed and has fully completed the construction of the improvements which it has undertaken; and WHEREAS, title to and control of the facilities constructed by the District have been taken over and assumed by the governing body which formed the District; and WHEREAS, said Commissioners now intend to wind up the affairs of the District and cause the District to be dissolved according to the provisions of the laws of the State of Arkansas; NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the District as follows: Section 1. The Rummel Road Water Improvement District No. 137 of Little Rock, Arkansas is hereby dissolved by unanimous vote of the Commissioners of said District. Section 2. All future levies and assessments of the District are hereby cancelled and the Commissioners are hereby relieved from further duties. Section 3. The law firm of Eichenbaum, Scott, Miller, Liles & Heister, P.A., attorneys to the District, is hereby authorized and directed to convert valid and undisputed all assets of the District into cash and thereafter to pay all debts of the District from such surplus funds, including fees and costs of the dissolution herein. Section 4. The remainder of such surplus funds, shall be refunded, pro rata to the property owners who hold title to the property in the District at the time the refund is made. Said refund shall be made on the basis of the most recent assessment or reassessment of benefits on the parcel or parcels of property prior to dissolution, and shall be on the same proportion that the assessed benefits of each individual parcel of property bears to the total of the assessed benefits of all LED 'r APR 13 09 JAME CZECH CM c¢n� the property in the District, except that no property owner whose property is delinquent in any sum for District assessments shall be counted in calculating the refund amount, or receive any portion of such refund. Section 5. The attorneys of the District are hereby authorized and directed to file a copy of this resolution, and a " "financial statement of the — District verified by all Commissioners, in the office of the City or County Clerk of the governing body which formed the District, within ninety (90) days of the date of the final distribution of the District's funds in accordance with the provisions hereof, and to take all further action necessary to complete dissolution of the District. DATED this /6 day of /&tA-z—f /f , 1989. 0309M RUMMEL ROAD WATER IMPROVEMENT DISTRICT NO. 137 OF LITTLE ROCK, ARKANSAS Commissioner j �C.drtrfi'issioner