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HomeMy WebLinkAbout19812I ORDINANCE NUMBER 19,812 2 3 AN ORDINANCE TO ESTABLISH VISTA POINTE MUNICIPAL MULTI - PURPOSE 4 PROPERTY OWNERS' IMPROVEMENT DISTRICT NO.2007 -303 OF LITTLE ROCK, 5 ARKANSAS, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. 6 7 WHEREAS, the party claiming to be the owner of the real property located within the territory 8 hereinafter described, has filed its petition praying that an improvement district be established for the 9 purposes hereinafter set out, and 10 WHEREAS, after ascertaining that the petition was signed by the owner of the real property within 11 the territory, now, therefore, 12 BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: 13 SECTION 1. There is hereby established an improvement district embracing the following real 14 property in the City of Little Rock, County of Pulaski, State of Arkansas, to -wit: 15 That portion of the Southwest Quarter of Section 17, Township 1 South, Range 13 West, 16 more particularly described as follows: Commencing at the Southwest corner of Section 17 17, Township 1 South, Range 13 West, thence South 87 degrees 17 minutes 14 seconds 18 East a distance of 290.54 feet to the point of beginning; thence North 23 degrees 36 19 minutes 29 seconds East a distance of 268.48 feet; thence North 44 degrees 37 minutes 20 56 seconds East a distance of 536.37 feet; thence North 56 degrees 20 minutes 08 21 seconds East a distance of 328.55 feet; thence North 27 degrees 16 minutes 17 seconds 22 East a distance of 599.42 feet; thence North 69 degrees 47 minutes 56 seconds East a 23 distance of 22.93 feet; thence North 22 degrees 09 minutes 55 seconds West a distance 24 of 60.04 feet; thence North 69 degrees 47 minutes 56 seconds East a distance of 1.15 25 feet; thence North 07 degrees 55 minutes 43 seconds West a distance of 219.05 feet; 26 thence North 17 degrees 53 minutes 49 seconds East a distance of 126.61 feet; thence 27 North 17 degrees 53 minutes 49 seconds East a distance of 150.08 feet; thence North 55 28 degrees 13 minutes 02 seconds East a distance of 301.72 feet; thence South 51 degrees 29 38 minutes 35 seconds East a distance of 299.04 feet; thence South 06 degrees 01 30 minutes 56 seconds West a distance of 186.60 feet; thence South 15 degrees 57 31 minutes 23 seconds West a distance of 99.43 feet; thence South 53 degrees 46 minutes 32 37 seconds East a distance of 465.30 feet; thence South 39 degrees 01 minutes 11 33 seconds East a distance of 134.20 feet; thence South 21 degrees 40 minutes 11 seconds 34 East a distance of 196.24 feet; thence South 28 degrees 32 minutes 47 seconds West a [PAGE 1 OF 4] ORDINANCE To establish Vista Pointe Municipal Multi - Purpose Property Owners Improvement District No. 2007 -303 I distance of 307.06 feet; thence North 81 degrees 15 minutes 21 seconds West a 2 distance of 269.47 feet; thence North 30 degrees 44 minutes 11 seconds West a 3 distance of 148.86 feet; thence North 56 degrees 07 minutes 57 seconds West a 4 distance of 164.27 feet; thence South 27 degrees 16 minutes 17 seconds West a 5 distance of 550.85 feet; thence South 39 degrees 21 minutes 38 seconds West a 6 distance of 264.36 feet; thence South 65 degrees 42 minutes 36 seconds West a 7 distance of 240.53 feet; thence South 46 degrees 08 minutes 49 seconds West a 8 distance of 339.41 feet; thence North 89 degrees 17 minutes 14 seconds West a 9 distance of 545.35 feet to the point of beginning; 10 The purposes for which the district is to be formed are as follows: 11 A. To acquire by purchase (by contract or eminent domain) or gift, or to construct, 12 either within or without the boundaries of the district, if the property within the 13 district will be benefited thereby, a sanitary waterworks distribution system and all 14 other appurtenances necessary or useful and convenient for the operation and 15 maintenance of such system, including the rights -of -way essential thereto, within and 16 outside the boundaries of the district; and, to construct such other improvements, 17 directly or indirectly connected therewith, as may be required by the City of Little Rock 18 or the County of Pulaski and other governmental authorities as prerequisites or 19 conditions to lawfully and properly completing the intents and purposes of the district; 20 and 21 If deemed advisable and in accordance with applicable laws, to have the right, but 22 not an obligation, to connect the system to the waterworks system of the City of Little 23 Rock or other municipality, association or improvement district by acquisition or 24 construction of proper water lines, either within or without the boundaries of the 25 district, if a reasonable and realistic opportunity to do so should develop and if the 26 property within the district will be benefited thereby; and 27 To operate and maintain any such waterworks system and facilities. 28 B. To acquire by purchase (by contract or eminent domain) or gift, or to construct, 29 either within or without the boundaries of the district, if the property within the 30 district will be benefited thereby, a sewage collection system, intercepting sewers, 31 outfall sewers, force mains, pumping stations, ejector stations, and all other 32 appurtenances necessary or useful and convenient for the collection and disposal of 33 industrial or domestic sewage, including the rights -of -way essential thereto, within and 34 outside the boundaries of the district; and, to construct such other improvements, [PAGE 2 OF 4] ORDINANCE To establish Vista Pointe Municipal Multi - Purpose Property Owners Improvement District No. 2007 -303 I directly or indirectly connected therewith, as may be required by the City of Little Rock 2 or the County of Pulaski and other governmental authorities as prerequisites or 3 conditions to lawfully and properly completing the intents and purposes of the district; 4 and 5 If deemed advisable and in accordance with applicable laws, to have the right, but 6 not an obligation, to connect the system to the wastewater system of the City of Little 7 Rock or other municipality, association or improvement district by the acquisition or 8 construction of proper sewage lines, either within or without the boundaries of the 9 district, if a reasonable and realistic opportunity to do so should develop and if the 10 property within the district will be benefited thereby; and 11 To operate and maintain any such wastewater system and facilities. 12 C. To acquire by purchase (by contract or eminent domain) or gift and to construct, 13 operate, supervise, maintain and replace within and outside the district recreational 14 and common areas, private limited common areas and facilities related thereto, 15 including but not limited to, green areas, landscaped areas, district lighting 16 improvements, street lighting improvements, recreational facilities, water way or wet 17 area construction, as the Board of Commissioners should subsequently decide, along 18 with access easements thereto, and other improvements necessary or desirable to 19 enhance the use and benefits of such areas and improvements beyond the boundaries of 20 the district to obtain its desired effect. 21 D. To open, grade, drain, pave, curb, gutter, and otherwise improve streets, roads, 22 highways, parking areas, and every other way, including viaducts and underpasses for 23 passage and use of vehicles, either within or without the boundaries of the district, if 24 the property of the district will be benefited thereby. Such purposes shall include the 25 acquisition of rights -of -way by purchase or the exercise of the power of eminent 26 domain, and, if necessary or otherwise in the best interests of the property owners 27 within the district, to maintain such streets, roads, highways, parking areas and every 28 other way for passage and use by vehicles, lying within the boundaries of the district or 29 beyond the boundaries of the district, if the property of the district will be benefited 30 thereby. 31 32 E. To accomplish any and all other purposes authorized by law, specifically including but not 33 limited to those intents and purposes stated in Arkansas Code Annotated Sections 14 -94 -101 et 34 seq. [PAGE 3 of 4] ORDINANCE To establish Vista Pointe Municipal Multi - Purpose Property Owners Improvement District No. 2007 -303 I SECTION 2. The district shall be known as "Vista Pointe Municipal Multipurpose Property Owners' 2 Improvement District No. 2007 -303 of Little Rock, Arkansas;" and Douglas W. Loftin, Jr., Travis Paul Bull 3 and Thomas Jerry Cunningham, who are, or shall be, owners of real property within the district, are 4 hereby named commissioners and shall compose the Board of Commissioners for the district and may 5 proceed with the district's affairs as authorized by law and set forth in the petition filed in request of 6 this Ordinance. 7 SECTION 3. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of 8 this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 9 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force 10 and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part 11 of the ordinance. 12 SECTION 4. All ordinances, resolutions, bylaws, and other matters inconsistent with this ordinance 13 are hereby repealed to the extent of such inconsistency. 14 SECTION 5. There is hereby declared to be an existing emergency in that there is an immediate 15 need for the formation of this improvement district to promote and protect the health, safety and 16 welfare of the citizens of Little Rock, Arkansas, and this ordinance shall be in full force and effect from 17 and after its passage. 18 PASSED: September 18, 2007 19 20 ATTEST: APPROVED: 21 22 la-4, 23 Nat ki S. Blocker, Assistant City Clerk Mark Stodola, Mayor 24 For Nancy Wood, City Clerk 25 APPROVED AS TO LEGAL FORM: 26 A 27 e:24 28 Thomas M. Carpenter, City AttorneU 29 30 31 32 33 [PAGE 4 of 4] ORDINANCE To establish Vista Pointe Municipal Multi- Purpose Property Owners Improvement District No. 2007.303