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1567ORDINANCE N0. t 5'67 AN ORDINANCE ESTABLISHING A MUNICIPAL IMPROVEMENT DISTRICT; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES WHEREAS, there has been filed with the City Clerk of the City of West Memphis, Arkansas a petition purporting to be signed by a majority in value of the owners of real property within the territory described hereinbelow praying that a road improvement ,. district be established for the purposes set forth hereinbelow; and WHEREAS, after due notice as required by law, the City Council of the City has heard all parties desiring to be heard and it is ascertained that the petition is signed by a majority in value of the owners of real property within such territory; 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 within the described territory: Legal Deacriptica Lots 2, 3, 4, and 5 of Petro Subdivision lying in the NF}s of Section 9, T-6-N, R-9-£, Lot 1 of Rival Subdivision and a Fractional part of the SE~t of Section 9 North of Interstate 55, T-6-N, R-9-E, the North ~ of Lot 1 and all of Lots Z , 4 Z 6 of the First Addition !lcCarley Industrial Park and Lot 7 of McCarley Industrial Park lying in the SW;t of Section 10, T-6-N, R-9-£, Lot 8 of HcCarley Industrial Park and Lots 1-A and 1-$ of Polk Subdivision lying is the NWh of Section 10, T-6- N, R-9-£, all in the City of west Memphis, Arkansas. and being more particularly described as follows: Commencing at the k corner of Section 9 and 10, T-6-N, R-9-£, thence SO°16'24"E a distance of 431.75 feet to the point-af-beg~nnT„q, thence continue SO°16'24"E a distance of 395.83 feet to a point, thence ~ SO°OS'43'E a distance of 945.81 feet to a point, thence- N68°51'10"W a distance of 468.01 feet to a point, thence NO°05'34"E a distance of 496.35 feet to a point, thence N68°09'26"W a distance of 256.81 feet to a point, thence N65°36'51"W a distance of 147.10 feet to a point, thence NO°09'37"W a distance of 390.0 feet to a point, thence along a curve that breaks to the left with a radius of 18 0.5 0 f eet as are length of 211.71 feet to a point , thence N67°21'51"W a distance of 104.32 feet to a point, thence along a curve that breaks to the right with a radius of 120.21 feet an are length of 78.38 feet to a point, thence S89°56'30"W a distance of 450.89 feet to a point, thence N37°24'34"W a distance of 174.33 feet to a point, thence N5 9 ° 29 ' S'2 "W a distance of 15 4.43 feet to a point, thence N24'S4'04"E a distance of 625.92 feet to a point, thenca S89°44'37'E a distance of 326.93 1 ~+ tact to a point, thence NO'15'23"E a distance of 300.0 feet to a point, thence It74°07'38"E a distance of 80.61 feet to a point, thence S87°03'30"E a distance of 695.84 feet to a point , thence N85°58'04 "E a distance 400.0 feet to a point, thence NO1°53'07"E a distance of 200.64. feet to a point, thence N85°58'04"E a distance of 528.74 feet to a paint, thence SS5°00'30"E a distance of 474.71 feet to a point, thence SO°20'00"E a distance of (04.33 feet to a point, thence S89°56'05"E a distance of 300.0 feet to a point, thence SO°20'00"E a distance of 454.90 feet to a point, thence N89°56'OS'W a distance of 300.0 feet to a point, thence S89'39' 33'W a distance of 741.99 feet to a paint, thence SO°20'00"E a distance of 200.0 feet to a point, thence S89°40'00"W a distance of 222.97 feet to the point-of-beginning and caataininq 89.18 acres more or less. for the purpose of constructing and financing a paved surface on Petro Road, from Club Road to Mound City Road, with curbing, guttering and related improvements, as set forth in detail in the Petition. The district shall be known as the West Memphis, Arkansas Petro Road Improvement District No. ~ James A. Cardwell, Sr., Martha E. Cardwell and James A. Cardwell, Jr. are named Commissioners who shall constitute the Board of Improvement of the District. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent thereof. Section 3. It has been found and it is hereby declared by the City Council that there is a immediate need for the improvements described above in this Ordinance and that the formation of the improvement district created hereby is the only means whereby these improvements may be accomplished. Therefore, an emergency is declared, and this Ordinance, being necessary for the preservation of public peace, health and safety, shall be in force upon its passage and approval. ADOPTED this (~1~ day o ~cember• , 92. .---- Ma or (SEAL) ny~~-~.ma CERTIFICATE L The undersigned, upon being duly sworn, hereby states that he mailed, by certified mail return receipt requested, on D t~mhpr is , 1992, to all owners of real property lying in the territory of the proposed municipal improvement district for the paving of Petro Road, the letter and notices attached hereto, according to the list of property owners and addresses available in the real estate tax records of Crittenden County, Arkansas. ~ ~~ es R. Pugh, I PETRO PSC PROPERTIES, L.P. $ PETRO, INC. ATTN: Mr. J. A. Cardwell P. O. Box 26808 E1 Paso, TX 79926 PETRO PSC, LP $ PETRO, INC. ATTN: Mr. J. A. Cardwell P. 0. Box 26808 E1 Paso, TX 79926 Mr. James A. Cardwell, .fr. $ Petro, Inc. 6080 Surety Drive E1 Paso, TX 79905 Ms. Martha E. Cardwell $ Petro, Inc. 6080 Surety Drive E1 Paso, TX 79905 Mr. J. A. Cardwell, Jr. $ Petro, Inc. 6060 Surety Drive E1 Paso, TX 79905 MR. OTTO BAILEY, SR. 1200 W. E. Catt West Memphis, AR 72301 MS. SALONGE FORD 711 Purdue West Memphis, AR 72301 6y\wmem.pel MR. CHARLES R. WILLIAMSON 17 Riding Road Little Rock, AR 72207 McDONALD'S CORPORATION P. 0. Box 66207 AMF O'Hare Airport Chicago, IL 60666 POOLE TRUCK LINES P. O. Drawer 500 Evergreen, AL 36401 MR. H. E. FOLK, III 1255 Harbor Avenue Memphis, TN 38113 MR. MICHAEL R. FOLK 1255 Harbor Avenue Memphis, TN 38113 MR. DIMITRIS VAVOURIS 600 Mound City Road West Memphis, AR 72301 MS. JOANNE VAVOURIS P. O. Box 823 West Memphis, AR 72303 MR. BILLY RAY FORD 711 Purdue West Memphis, AR 72301 TO: OWNERS OF REAL PROPERTY WITHIN PROPOSED MUNICIPAL IMPROVEMENT DISTRICT Re: City of West Memphis, Arkansas Proposed Road Improvement District Ladies & Gentlemen: You are an owner of real property lying within the boundaries of this proposed Municipal Improvement District. I have attached a copy of a Notice reflecting the proposal that the District be formed, the purpose of the District, the powers of the District and the date and time for a hearing before the City Council of the City of West Memphis, Arkansas to determine whether those who have petitioned for formation of the District constitute a majority in assessed value of the owners of real property within the District. In accordance with Arkansas Code of 1987, Title 14, Chapter 86, Subchapter 3, I advise that the name and address of the organizer of the District is Petro Properties, P.S.C., P.O. Box 26808, E1 Paso, Texas 79926. It has been determined, on the basis of Crttenden County land records, that the Petitions for formation of the District have been signed by the majority required by law. Sincerely yours, mimes R. Pu h III 9 eY~~.a~ NOTICE All Owners of real property within the following described territory: Legal Description in the tNE~t2 of 3 Section 9 , 5T 6f N PeR-9-E, Lot 111 of Ri al Subdivision and a Fractional part of the SEC of Section ,.~„~ 9 North of Interstate 55, T-6-N, R-g-E, the North ~ of Lot 1 and all of Lots Z, 4 ~ 6 of the First Addition McCarley Industrial Park and Lot 7 of McCarley Industrial Park lying in the SW~t of Section 10, T-6-N, R-9-E, Lot e of McCarley Industrial Park and Lots 1-A and 1-H of Folk Subdivision lying in the NW~t of Section 10, T-6- N, R-9-E, all in the City of West Memphis, Arkans~,s. and being more particit,larly described as follows: Commencing at the k corner of T-6-N, R-9-E, thence SO°16'24" Section 9 and 10, E a feet to the point-of-beginning, SO°16'24"E a dist distance of 431.75 thence continue ance of 395.83 feet SO ° OS' 43 "E a ~ distance of 945 81 fe t ° to a point, thence . e N68 51'10"W a distance of 468.01 feet NO°05'34"E a dista to a point, to a point, thence thence nce of 496.35 feet N68°09'26"W a distance of 266 81 f t to a point, t thence . ee N65°36' S1'W a distance of 147.10 feet NO°09'37"W o a point, to a point, thence thence / a distance of 390.0 feet along a curve that break to a point, thence s tv the left with a of 180.50 feet an are length of 211.71 feet to a thence N67°21'S • radius point 1 W a distance of 104.32 feet to a thence along a cu , point, rve that breaks to radius of 120.21 feet the right s+ith a an are length of 78.38 feet to a point, thence S89°56'30"W a distance of 450 89 f t . o a point, thence N37°24'34"W a distance of feet to a point, thence N59° ' " eet 174.33 29 52 W a feet to a point, thence N24°54'04"E a fe t t distance of distance of 154.43 625 92 e o a point, thence S89°44'37'E a feet to a point, thence NO°15'23" . distance of 326.93 E a feet to a point, thence N74°07'38"E a feet to a point h ° distance of 300.0 distance of 80.61 , t ence S87 03'30"E a feet to a point, thence N85°5 ' " distance of 695.84 8 04 E feet to a point, thence NO1°53'07"E a feet a distance distance of 400.0 200 64 to a point, thence N85'S8'04"E a feet to a point, thence S65° ' " distance of . . 528.74 00 30 E a distance of feet to a point, thence SO°20'00"E a distance of fe t 474.71 604 33 e to a point, thence S89°56'05"E a distance of feet to a point, thence SO°20'00" . 300.0 E a feet to a point, thence N89°56'05"W a f t distance of distance of 454.90 300 0 ee to a point, thence S89°39'33"W a distance of feet to a point, thence SO° ' " . 741.99 20 00 E a distance of 200.0 feet to a point, thence S89°40'00"W a distance of 222 fe 97 t e to the point-of_beyi~nq and acres more or less. containing . „ 89.18 are hereby notified that a petition has been filed with the City Clerk of the City of West Memphis, Arkansas purporting to be signed by the owners of a majority in assessed value of the owners of real property within the territory, which petition prays that a local improvement district be formed embracing such territory for the purpose of constructing and financing a paved surface on Petro Road from Club Road on the west to Mound City Road on the east, with curbing, guttering and other, related improvements, and that the -~ cost thereof be assessed and charged upon the real property above described. The District may continue for the preservation and =,, maintenance of the Project and the cost thereof may be assessed against the real property located in the District to the extent necessary. All owners of real property within such territory are advised that the petition will be heard at the meeting of the City Council to be held at the hour of p p.m., on the /?~ day of ~~~yjB~-/Z. , 1992 and that at such meeting the City Council will determine whether those signing the same constitute a majority in value of such owners of real property; and at such meeting all owners of real property within the territor will be heard upon the question. Ci y Clerk bY~.~~ a YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN. IMPROVEMENT DISTRICT. IF THE DISTRICT IS FORMED, YOU MAY BE CHARGED FOR THE COST OF THE IMPROVEMENTS Petition To the Honorable Mayor and City Council of the City of West Memphis, Arkansas: The undersigned Petitioners, being more than a majority in assessed value of the real property located in Crittenden County, Arkansas described in Exhibit A hereto, hereby pray that such real property be formed into an improvement district for the purpose of construction and financing of a paved surface on Petro Road from Club Road, on the west, to Mound City Road, on the east, with curbing, guttering and other related improvements, all as shown (the basic dimensions being reflected by slash marks) in Exhibit B hereto (the "Project"). The cost of the Project is to be assessed against the real property within enhancement in value as a result of the Project. The Project shall be constructed of such materials and in such manner as the Commissioners of the District shall determine. The District may continue for the maintenance of the Project and the cost of such maintenance may be assessed against the real property located in the District. Petitioners pray that J~ A. ~.~, sR.,, r~~ E. c~uaEr~, and J~ A• c~xr~,. ~•, be appointed Commissioners of the District. mrvvy~par.pel ~r EXHIBIT A Description Lots 2, 3, 4, and 5 of Petro Subdivision lying in the NE~t of Section 9, T-6-N, R-9-E, Lot 1 of Rival Subdivision and a Fractional part of the SE~x of Section "'~'" 9 North of Interstate 55, T-6-N, R-9-E, the North k of Lot 1 and all of Lots Z, 4 ~ 6 of the First Addition McCarley Industrial Park and Lot 7 of McCarley Industrial Park lying in the SWk of Section 10, T-6-N, R-9-E, Lot 8 of McCarley Industrial Park and Lots 1-A and 1-B of Folk Subdivision lying in the NW~t of Section 10, T-6- N, A-9-E, all in the City of West Memphis, Arkansas and being more particularly described as follows: Commencing at the ~ corner of Section 9 and 10, T-6-N, R-9-E, thence SO°16'24"E a distance of 431.75 feet to the point-of-beginning, thence continue SO°16'24"E a distance of 395.83 feet to a point, thence SO°OS'43'E a~distaace of 945.81 feet to a point, thence N68 ° 51.10 "W a distance of 468.01 feet to a point, thence NO°05'34"E a distance of 496.35 feet to a point, thence N68°09'26"W a distance of 266.81 feet to a point, thence N65°36'S1'W a distance of 147.10 feet to a point, thence / NO°09'37"W a distance of 390.0 feet to a point, thence along a curve that breaks to the left with a radius of 180.50 feet an are length of 211.71 feet to a point, thence N67°21'51"W a distance of 104.32 feet to a point, thence along a curve that breaks to the right with a radius of 120.21 feet an are length of 78.38 feet to a point, thence S89°56'30"W a distance of 450.89 feet to a point, thence N37°24'34"W a distance of 174.33 feet to a point, thence N59°29'5'2"W a distance of 154.43 feet to a point, thence N24°54'04"E a distance of 625.92 ~" ~ feet to a point, thence S89°44'37'E a distance of 326.93 feet to a point, thence NO°15'23"E a distance of 300.0 feet to a point, thence N74°07'38"E a distance of 80.61 feet to a point, thence S87°03'30"E a distance of 695.84 feet to a point, thence N85°58'04"E a distance 400.0 feet to a point, thence NOl°53'07"E a distance of 200.64. feet to a point, thence N85°58'04"E a distance of 528.74 feet to a point, thence S65°00'30"E a distance of 474.71 feet to a point, thence SO°20'00"E a distance of f 04.33 feet to a point, thence S89°56'05"E a distance of 300.0 feet to a point, thence SO°20'00"E a distance of 454.90 feet to a point, thence N89°56'OS'W a distance of 300.0 feet to a point, thence S89°39'33"W a distance of 741.99 feet to a point, thence SO°ZO'00"E a distance of 200.0 feet to a point, thence S89°40'00"W a distance of 222.97 , feet to the point-of-beginning and containing 89.18 acres more or less. July 31, 1992 Sorrell Consulting Engineers West Memphis, Arkansas ,~ N _~ /GL[ !•~ON• ~pwrla~[ .o a ~~ pp 1 it rcaolutn'i arr. ~~~~ raaao. m w~ i 6y • a< OYO~QL ra mn rn+rr 6 PLq !i 7Mp as aiom~. d PYq A NN1 j III P~ YIC f~"~ ~ ~~~ ~~~w r~ 1~ to r at~wot we maapal~t a rcu • wo.a ~ 1RIRlm4 !ff OOfIP ~ /~ catNOt a secnw o r to - nnetar iavouis ~ vim c~rr tm uQ - us~to ~ // maw ~ P ~ i ~soi a°p0 R~LQC~ b ~ !, ~ ~ 1 ~ /VLI P.O.i. 7 13 i ,1 ~ ~ ~' ~ ~ z ~ la a 1 s PETRO ROAD IIIPROVEYENT DISTRICT ylE3T 1[El[PHI3, ARKANSAS SORREL CONSULTING ENGINEERS ioea »~usr rus. anus • (sol) ~-eoes .ssr ~~ Any number of copies of this Petition may be circulated. Name Address ~r Petro Properties, P.S.C. Post Office Box 26808 By' E1 Paso, Texas 79926 J. A. Cardwell, President INSTRUCTIONS: SIGN. ~~,.~.p« SIGN AS WOULD SIGN A DEED. BOTH HUSBAND AND .WIFE