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788ORDINANCE NO. ~~ AN ORDINANCE ESTABLISHING A MUNICIPAL IMPROVEMENT DISTRICT FOR THE PURPOSE OF ACCOMPLISHING STREET, WATER AND SEWER IMPROVEMENTS; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, parties claiming to be the owners of more than a majority in assessed value of the property located within the territory hereinafter described have filed a Petition praying that an improvement district be ,established for the purposes hereinafter set out; and WHEREAS, after due notice as required by law, the City Council has heard all parties desiring to be heard and has determined that the Petition was signed by the owners of more than a majority in assessed value of real property within the territory hereinafter described; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. There is hereby established an improvement district (the "District") embracing all of the real property situated within the boundaries described as follows: Property lying in Sections 4, 5, 8, 9 and 10, T-6-N, R-9-E, Crittenden County, Arkansas, being more particularly described a s follows: Commencing at the intersection of the centerline of Ten Mile Bayou and the South right-of-way line of Missouri Pacific Railroad, said point being the point of beginning, thence Southeasterly along the South right-of-way line of the Missouri Pacific Railroad to its intersection with the South right-of-way line of Interstate Highway No. 40, thence Easterly along the South right-of-way line of Interstate Highway No. 40 to its intersection with the West right-of-way line of the St. Francis Levee , thence Southwesterly along the West right-of-way line of the St. Francis Levee to its intersection with the centerline of Interstate Highway No. 55, thence Northwesterly along the centerline of Interstate Highway No. 55 to its intersection with the centerline of Ten Mile Bayou, thence Northeasterly along the centerline of Ten Mile Bayou to its intersection with the South right-of-way line of the Missouri Pacific Railroad, containing 6 0 0 acres more or less . Page 2 for the following purposes: (1) To acquire rights of way for and to open, grade, drain (including all facilities needful for storm drainage), pave, curb, gutter and improve (including, without limitation, leveling and filling) streets , a s set forth in detail on the Petition . (2) To acquire and construct waterworks and facilities, including mains, laterals, fire hydrants and other facilities, as set forth in detail on the Petition. For the waterlines and appurtenances to be located within the Iistrict and north of the north right-of-way line of Interstate 55, the City of West Memphis (the West Memphis Utility Commission) will pay the costs of construction attributable to increasing waterlines and appurtenances in excess of six inches in diameter; the District will pay the balance of these costs (the costs of constructing six inch lines and appurtenances). The District will pay all of the costs of construction of the waterlines and appurtenances to be located south of the north right-of-way line of Interstate 55. (3) To acquire and construct sewer facilities, including collection facilities, mains, laterals, pumping stations and other facilities, as set forth in detail on the Petition. The City of West Memphis (the West Memphis Utility Commission) will pay the costs of construction of the two pumping stations and force mains, and appurtenances, within the District. The Listrict will pay the balance of these costs. in the manner and of the materials that the Commissioners for the District, to be hereinafter appointed, shall deem for the best interest of the District. The Commissioners may provide for such incidental work as is necessary for the proper completion of the improvements embodied in the above authorized purposes. The benefits to be derived from the improvements embodied in the above authorized purposes will be assessed upon the real property in the District. Section 2. The District shall be known as West Memphis Street, Water and Sewer Improvement District No. ~_. Section 3. B. B. McCarley, Duke B. Clement and William H. Johnson are hereby, named Commissioners who constitute the Board of Improvement of the District. Page 3 Section 4. It has been found and it is hereby declared that the improve- ments to be accomplished by the IJistrict are immediately necessary to the continued growth and development of the City. Therefore, an emergency is declared to exist, and this Ordinance being immediately necessary for the preservation of the public peace, health and safety shall be in effect upon its passage and approval. ~-~~ -~~ rn b ~ 2 PASSED this /~ .day ofd; 1973. ATTEST: r Mayor City Clerk (SEAL)