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Ordinance 2007-20

ORDINANCE NO. 2007-20 AN ORDINANCE CREATING A REDEVELOPMENT DISTRICT
 PURSUANT TO ARK. CODE ANN. §§ 14-168-301 ET SEQ.,  SPECIFICALLY INCLUDING WITHOUT LIMITATION ARK. CODE ANN. § 14-168-305; DESIGNATING THE BOUNDARIES OF SUCH PROPOSED REDEVELOPMENT DISTRICT; ESTABLISHING A SPECIAL FUND FOR THE REVENUE AND EXPENDITURES GENERATED ON ACCOUNT OF SUCH REDEVELOPMENT DISTRICT.
 WHEREAS, the City of Johnson, Arkansas (the "City") is authorized and
 empowered under Amendment No. 78 to the Constitution of the State of Arkansas and
 the provisions of Ark. Code Ann. §§ 14-168-301 et seq. (the "Authorizing Legislation"),
 specifically including without limitation Ark. Code Ann. § 14-168-305, to create a
 redevelopment district, designate the boundaries of such proposed redevelopment
district and establish a special fund for the revenue and expenditures generated on account such redevelopment district; and
WHEREAS, the City has been requested by Tracy K. Hoskins, an affected
 property owner within the City (the "Property Owner"), to create a redevelopment district, and designate the boundaries of such proposed redevelopment district, and
 WHEREAS, the City held a public hearing on December 11, 2007, at which all
 interested parties desiring to be heard in connection with this matter were afforded a reasonable opportunity to express their views on the proposed creation of such redevelopment district and its proposed boundaries (the "Hearing"), and

 WHEREAS, the City published notice of the Hearing in the Northwest Arkansas
 Times, a newspaper of general circulation in the City on November 19, 2007 and
 November 23, 2007, which was more than fifteen (15) days prior to the Hearing, and
 WHEREAS, prior to the City publishing such notice, the City sent a copy of the
 notice by first-class certified mail to the chief executive officer of all local governmental
 and taxing entities having the power to levy taxes on property located within the
 proposed redevelopment district and to the superintendent of any school district which
 includes property located within the proposed redevelopment district, such persons
 being Washington County Judge Jerry Hunton, Johnson Mayor Lonnie Baron,
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 Fayettevilie School District Superintendent Dr. Bobby New, and Springdale School
 District Superintendent Dr. Jim D. Rollins; and
 WHEREAS, after hearing the request of the Property Owner, the City Council
 held the Hearing and determined the creation of the proposed redevelopment district
 and the designation of the boundaries of such proposed redevelopment district are in
 the best interests of the City and will promote and protect the public health, safety, and welfare.
 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
 OF JOHNSON, ARKANSAS:
 Section 1. The City hereby creates a redevelopment district, as of this 8th day
 of January, 2008, pursuant to Ark. Code Ann. §§ 14-168-301 et seq., specifically
 including without limitation Ark. Code Ann. § 14-168-305, and designates the
 boundaries of such redevelopment district to be as set forth in Exhibit A.
 Section 2. The redevelopment district described in Section 1 shall be
 henceforth named, known as and referred to as "City of Johnson Redevelopment
 District No. 1 - The Steps at Joyce Mixed Use Project" (the "District").
 Section 3. The City hereby finds the creation of the District will benefit the real
 property within the District by encouraging the commercial and residential development
 of the real property within the District thereby eliminating and preventing the
 development and spread of slums or blighted, deteriorated and deteriorating areas, and discouraging the loss of commerce, industry and employment, and increasing employment.
 Section 4. The City hereby finds and determines that:
 a. The real property within the District contains existing improvements that are dilapidated; and
 b. Property located within which the District is in an advanced state of dilapidation or neglect and is so structurally deficient that improvements or major repairs
are necessary to make the property functional, has structures that are functionally
obsolete and cause the structures to be ill-suited for their original use, and vacant and
 unimproved parcels of property located in the District are in an area that is otherwise
predominantly developed and are substantially impairing and arresting the growth of the
[PAGE 2 OF 8] City due to obsolete platting, deterioration of structures, and absence of structures,
 infrastructure and site improvements.
 Section 5. There is hereby created, established and designated a special fund
 to be known as "The City of Johnson Redevelopment District No. 1 - The Steps at
 Joyce Mixed Use Project Special Fund" (the "Special Fund"). The Special Fund shall
 be a separate fund set apart from any other funds or accounts of the City, and shall be
 used only for the benefit of the District as provided in this Ordinance and any
 subsequent ordinances or resolutions concerning the District and no revenues or sums
 contained in the Special Fund shall be commingled with revenues or sums of any other
 funds or accounts of the City. The Special Fund shall receive all tax increment
 revenues and other revenues, if any, designated by the City for the benefit of the
 District, and all such tax increment revenues and other revenues, if any, shall be
 deposited in the Special Fund and all project costs related to the District shall be paid
 from the Special Fund. The Special Fund may be assigned to and held by a trustee for
 the benefit of bondholders if the City elects to use tax increment financing for the benefit
 of the District. The funds deposited in the Special Fund may be used for any lawful
 purpose authorized under the Authorizing Legislation (hereafter "Project Costs"),
 including for any of the following purposes, including without limitation expenditures
 made in preparation of a project plan, and made, or estimated to be made, or monetary obligations incurred, or estimated to be incurred, by the City, which are listed in the  Project Plan as costs of public works or improvements benefiting the District, plus any costs incidental thereto; provided the following list of purposes and uses shail not limit in any way the potential uses of such funds:
 (i) Capital costs, including, but not limited to, the actual costs of the construction
 of public works or improvements, new buildings, structures and fixtures, the
 demolition, alteration, remodeling, repair or reconstruction of existing buildings,
 structures, and fixtures, environmental remediation, parking and landscaping, the8 acquisition of equipment and site clearing, grading and preparation;9 (ii) Financing costs, including, but not limited to, al! interest paid to holders of
 evidences of indebtedness issued to pay for project costs, all costs of issuance and any redemption premiums, credit enhancement or other related costs;
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 (iii) Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the City of reat or personal property within the
 District for consideration which is less than its cost to the City;
 (iv) Professional service costs, including, but not limited to, those costs incurred
 for architectural, planning, engineering and legal advice and services;
 (v) Imputed administrative costs, including, but not limited to, reasonable
 charges for the time spent by City employees in connection with the
 implementation of a project plan;
 (vi) Relocation costs, including, but not limited to, those relocation payments
 made following condemnation and job training and retraining;
 (vii) Organizational costs, including, but not limited to, the costs of conducting
 environmental impact and other studies, and the costs of informing the public
 with respect to the creation of the District and the implementation of project
 pians;
 (viii) The amount of any contributions made in connection with the
 implementation of a project plan;
 (Ex) Payments made, in the discretion of the City, which are found to be
 necessary or convenient to the creation of the District or the implementation of
 project plans; and
 (x) That portion of costs related to the construction of environmental protection
 devices, storm or sanitary sewer lines, water lines or amenities or streets or the
 rebuilding or expansion of streets, the construction, alteration, rebuilding or
 expansion of which is necessitated by the project pian for the District, whether or
 not the construction, alteration, rebuilding or expansion is within the area
 encompassing the District.
 Section 6, Mayor of the City, Lonnie Barron, is hereby designated by the City to make decisions and handle the affairs of the District.
 Section 7. A copy of this ordinance duly certified by the City Clerk shall be filed
 in the office of Circuit Clerk and Ex-Officio Recorder of Washington County at
 Fayetteville, Arkansas and shall be published one time in a newspaper of genera!
 circulation in the City.
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 Section 8. In the event any portion of this Ordinance is declared or adjudged to
 be invalid or unconstitutional, such declaration or adjudication shall not affect the
remaining portions of this Ordinance, which shall remain in full force and effect as if the
 portion so declared or adjudged invalid or unconstitutional were not originally a part of
 this Ordinance.
 Section 9. All ordinances and resolutions, and parts thereof, which are in
 conflict with any provision of this Ordinance are hereby repealed to the extent of such
 conflict.
 Section 10. EMERGENCY, it is hereby ascertained and declared that there is
 an immediate need for the City to establish the District for the purpose of eliminating1 and preventing the development and spread of slums or blighted, deteriorated and
 deteriorating areas, and discouraging the loss of commerce, industry and employment,
 and increasing employment within the City. It is, therefore, declared that an emergency
 exists, and this Ordinance, being necessary for the immediate preservation of public
 health, safety and welfare, shall be in full force and take effect immediately from and
 after its passage.

 ADOPTED the 8th day of January 2008.


 fsf Lonnie Barren
 Lonnie Barren, Mayor
ATTEST:
Jennifer Allen, City Clerk
 APPROVED AS TO LEGAL FORM:

 1st Daniel Wright
 Daniel Wright, City Attorney
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 EXHIBITA
 (Page 1 of 4)

 DESCRIPTION
 COMBINED METES AND BOUNDS DESCRIPTION OF PROPERTIES OWNED IN
 HENDRIX HEIGHTS, A SUBDIVISION TO JOHNSON, ARKANSAS

Partof Lot Numbered 1, as described on deed document #
2007-00016607,
 and also known as Washington County Tax Parcel #785-18012-000,

and also
 Part of Lot Numbered 1, as described on deed document #2001-037147,
 and as known as Washington County Tax Parcel #785-18013-000,

 and also

 Part of Lot Numbered 1, as described on deed document #2006-00048270,
 and also known as Washington County Tax Parcel #785-18014-003,

 and also

 Partof Lot Numbered 2, as described on deed document #2006-00048270,
 and also known as Washington County Tax Parcel #785-18014-003,

 and also

 Partof Lot Numbered 3, as described on deed document #2007-00001278,
 and also known as Washington County Tax Parcel #785-18015-000,

 and also

 Part of Lot Numbered 3, as described on deed document #2006-00048270,4 and also known as Washington County Tax Parcel #785-18016-001,

 and also

 Part of Lot Numbered 4, as described on deed document # 99060904,
 and also known as Washington county Tax Parcel #785-18017-000

 and also

 Part of Lot Numbered 4, as described on deed document # 2006-00048270,
 and also known as Washington County Tax Parcel #785-18016-001,

 and also
 Partof Lot Numbered 5, as described on deed document #2002-129657,
 and also known as Washington County Tax Parcel #785-18018-000,

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1 and also

All of Lot Numbered 6, in Hendrix Heights, and as described on
 deed document#2003-00018203,
 and also known as Washington County Tax Parcel #785-18019-000,
and also
Part of Lot Numbered 7, as described on deed document # 2007-00002662,
 and also known as Washington County Tax Parcel # 785-18020,
 and also
 Part of Lot Numbered 7, as described on deed document # 2007-00002665,
 and also known as Washington County Tax Parcel # 785-18020-001,

 and also

 Part of Lot Numbered 7, as described on deed document #2007-00002664,
 and also known as Washington County Tax Parcel # 785-18020-002 , and also
 All of Lot Numbered 8, In Hendrix Heights, and as described on deed document # 2007-
 00009897, and as known as Washington County Tax Parcel #785-18021-000,
 and also

 All of Lot Numbered 9, in Hendrix Heights, and as described on deed documents #
2006-40941, and also known as Washington County Tax Parcel # 785-18022-000,

and also
o o
JO
All of Replat Lot Numbered 10 (Lots 1-6), in Hendrix Heights, and as described on deed
documents # 2006-51426, 2006-41307, 2006-51426, 2000-8670, 2006-41308, 2000 8670 and also known as Washington County Tax Parcels # 785-18023-000, 785-18023-
 010, 785-18023-020, 785-18023-030, 785-18023-040, 785-18023-050,

 and also

 Part of the Park Area of Hendrix Heights Subdivision, as described on deed document #
 2007-00000182, and also known as Washington County Tax Parcel #785-18135-000,

 and also

 Part of the Park Area, Hendrix Heights Subdivision, as described on deed document #
 2006-00048270 and also known as Washington County Tax Parcel #785-18135-001

 and said Lots, said Part of Lots, and said Park Area being more particularly described as
follows:

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Beginning at a found iron rod, said rod accepted and used as the Northeast comer of Lot 4, Hendrix Heights, a subdivision to the City of Johnson, Arkansas; thence South 02
 degrees 18 minutes 57 seconds West a distance of 363.30 feet to the northerly right of
 way of Joyce Boulevard and a found 5/8 inch diameter iron pin; thence aiong said
 northerly right of way the following courses: North 84 degrees 29 minutes 34 seconds
 West a distance of 284.15 feet to a found 5/8 inch diameter iron pin; North 84 degrees
 31 minutes 57 seconds West a distance of 266.09 feet to a found 5/8 inch diameter iron
 pin; North 84 degrees 28 minutes 12 seconds West a distance of 203.05 feet to a found
 5/8 inch diameter iron pin; North 85 degrees 07 minutes 12 seconds West a distance of
 34.50 feet to a point; North 86 degrees 12 minutes 02 seconds West a distance of 60.56
 feet to a point; North 87 degrees 06 minutes 03 seconds West a distance of 48.10 feet to
 a point; North 88 degrees 48 minutes 45 seconds West a distance of 51.32 feet to a
 point; South 88 degrees 33 minutes 42 seconds West a distance of 51.68 feet to a found
 5/8 inch diameter Iron pin; South 86 degrees 20 minutes 47 seconds West a distance of
 61.82 feet to a point, South 83 degrees 33 minutes 11 seconds West a distance of 85.09
 feet to a point; South 79 degrees 42 minutes 20 seconds West a distance of 54.95 feet
 to a point; South 78 degrees 11 minutes 21 seconds West a distance of 6.31 feet to a
 point on the easterly right of way of Wilkerson Street; thence along said easterly right of
 way the following courses: North 21 degrees 28 minutes 00 seconds West a distance of
 75.19 feet to a point; North 22 degrees 39 minutes 08 seconds West a distance of
 377.93 feet; North 13 degrees 55 minutes 08 seconds West a distance of 37.64 feet;
 North 10 degrees 20 minutes 10 seconds West a distance of 58.85 feet; North 6 degrees
  minutes 06 seconds West a distance of 69.06 feet; North 7 degrees 22 minutes 02
 seconds East a distance of 36.27 feet; North 00 degrees 14 minutes 41 seconds East a
 distance of 262.32 feet; North 75 degrees 14 minutes 44 seconds East a distance of
 206.97 feet to a point, said point being the northwest comer of Lot 8; thence along the
 north line of said Lot 8 North 75 degrees 14 minutes 44 seconds East a distance of
 620.68 feet to the northeast comer of said Lot 8 and also the northwest comer of Lot 7,
 Hendrix Heights; thence feaving said north, fine to and along the north line of said Lot 7
 the following courses: North 77 degrees 43 minutes 46 seconds East a distance of
 152.74 feet to a pofnt; North 60 degrees 45 minutes 42 seconds East a distance of
 317.13 feet to the northeast comer of said Lot 7 and also the northwest corner of said
 Lot 6; thence leaving said north line of Lot 7 to and along the north line of said Lot 6 the
 following courses: North 71 degrees 34 minutes 39 seconds East a distance of 165.05
 feet; North 73 degrees 44 minutes 00 seconds East a distance of 76.02 feet to the
 northeast comer of said Lot 6 and a found 1" diameter iron pipe; thence leaving said
 north line to and along the east line of said Lot 6 South 02 degrees 26 minutes 08
 seconds West a distance of 347.00 feet to a found 1/2 inch diameter iron pin; thence
 South 02 degrees 26 minutes 36 seconds West a distance of 699.36 feet to the POINT
 OF BEGINNING, containing in total 34.666 acres. And being subject to any easements,
 rights of ways, covenants and restrictions of record. The basis of bearings for this
 description is the City of Springdale, Arkansas, geographic information system.

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