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Home My WebLink About2014-08-01 i i ORDINANCE NO. 2014 - AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF BATESVILLE, ARKANSAS, AND OTHER AFFECTED PERSONS, THE QUESTION OF ANNEXATION TO SAID CITY OF CERTAIN CONTIGUOUS TERRITORY WHEREAS, it is clear to the City Council of the City of Batesville, Arkansas, that the annexation of certain hereinafter described territory,contiguous to the City of Batesville, is necessary for the orderly growth and development of the City; WHEREAS, a large portion of the proposed lands currently furnish the abode for a densely settled community; WHEREAS, the proposed lands are not currently, nor have they ever been, part of any municipality, and they represent a long history of the actual growth of the City of Batesville beyond its legal boundary; WHEREAS, the proposed lands are home to residences, schools, restaurants, convenience stores, several business, both retail and manufacturing, large and small: WHEREAS, most of the proposed lands are held for sale or use as suburban or commercial property; and WHEREAS, those lands in the proposed area which are not currently used for residential or commercial purposes are valuable by reason of their adaptability for prospective municipal uses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. That there shall be submitted to the qualified electors of the City of Batesville, and of the following described area, the question of the annexation of the following described territory to the City of Batesville: APART OF SECTIONS 20,21,27,28,29,32, 33,AND 34 OF TOWNSHIP 13N,RANGE 6 WEST AND A PART OF SECTIONS 3, 4, AND S OF TOWNSHIP 12N, RANGE 6 WEST, LOCATED IN INDEPENDENCE COUNTY,ARKANSAS DESCRIBED THUS TO WIT: BEGINNING AT A POINT WHERE THE EXISTING CITY LIMITS OF THE CITY OF BATESVILLE, Page I of 6 FILED AUG 2 6 2014 ► a.10 � M TRACEY MITCHELL COUNTY&PROBATE CLERK lkG ARKANSAS INTERSECT THE RIGHT BANK(WHEN FACING DOWNSTREAM),ORTHE SOUTH BANK OF WHITE RIVER,IN THE NORTHWEST CORNER OF THE CITY OWNED KENNEDY PARK;THENCE IN A GENERALLY NORTHWESTERLY DIRECTION 940 FEET,MORE OR LESS,ALONG SAID BANK TO A POINT THAT IS 1,420 FEET,MORE OR LESS,DUE NORTH OF THE EXISTING NORTH BANK OF RAMSEY SLOUGH; THENCE IN A GENERALLY SOUTHERLY DIRECTION ALONG THE WEST/NORTH BANK OF RAMSEY SLOUGH TO ITS INTERSECTION WITH THE SOUTH SECTION LINE OF SECTION 21,T13N,R6W; THENCE WEST ALONG THE SOUTH SECTION LINE OF SECTION 21 TO THE SOUTHWEST CORNER OF SECTION 21;THENCE CONTINUING WEST ALONG THE SOUTH SECTION LINE OF SECTION 20 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 29;THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SECTION 29 TO THE SOUTH LINE OF SECTION 29; THENCE CONTINUING SOUTH ALONG THE WEST LINE OF THE EAST HALF OF SECTION 32 TO THE NORTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 25/14 (AKA HEBER SPRINGS ROAD); THENCE IN A WESTERLY DIRECTION ALONG SAID NORTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 25/14(AKA HEBER SPRINGS ROAD)TO A POINT THAT IS ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,T13N,R6W;THENCE SOUTH ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TON, R6W ; THENCE WEST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,TON,R6W TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32; THENCE SOUTH ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, T13N, R6W TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32;THENCE EAST ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,T13N, R6W TO THE SOUTHEAST CORNER THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, T13N, R6W; THENCE SOUTH ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32,T13N,R6W TO THE INTERSECTION WITH THE SOUTH LINE OF SECTION 32 AND ITS INTERSECTION WITH BRUSHY ROAD;THENCE CONTINUING SOUTH TO THE SOUTH RIGHT OF WAY LINE OF BRUSHY ROAD;THENCE IN AN EASTERLY DIRECTION ALONG AND WITH SAID RIGHT OF WAY LINE OF BRUSHY ROAD TO ITS INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF MCHUE ROAD; THENCE IN AN EASTERLY DIRECTION ALONG THE SOUTH RIGHT OF WAY LINE OF MCHUE ROAD TO ITS INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF COMMUNITY DRIVE; THENCE CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTH RIGHT OF WAY LINE OF COMMUNITY DRIVE TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF U.S HIGHWAY 167;THENCE IN A GENERALLY SOUTHEASTERLY DIRECTION ALONG AND WITH SAID WEST RIGHT OF WAY LINE OF U.S.HIGHWAY 167 TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 12 NORTH,RANGE 6 WEST;THENCE SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4 AND CONTINUING SOUTH ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER Page 2 of 6 OF THE SOUTHEAST QUARTER OF SECTION 4 TO THE SOUTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 230/CAMP TAHKODAH ROAD;THENCE IN AN EASTERLY DIRECTION ALONG SAID SOUTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 230/CAMP TAHKODAH ROAD TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY 167; THENCE CONTINUING IN A GENERALLY EASTERLY DIRECTION ACROSS U.S. HIGHWAY 167 TO THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF U.S.HIGHWAY 167 WITH THE SOUTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 14 SPUR/NEWPORT ROAD;THENCE CONTINUING IN AN EASTERLY DIRECTION ALONG THE SOUTH RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 14 SPUR/NEWPORT ROAD TO ITS,INTERSECTION WITH THE EAST LINE OF SECTION 3,T12N, R6W;THENCE NORTH ALONG SAID EAST LINE OF SECTION 3 TO ITS INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF ARKANSAS HIGHWAY 14/ALLEN CHAPEL ROAD;THENCE IN A GENERALLY NORTHWESTERLY DIRECTION ALONG AND WITH SAID RIGHT OF WAY LINE TO ITS INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF DIXIE STREET;THENCE EASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF DIXIE STREET TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF HAYNIE DRIVE; THENCE CONTINUING IN A GENERALLY EASTERLY DIRECTION ACROSS HAYNIE DRIVE TO THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF HAYNIE DRIVE WITH THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 27, T13N, R6W; THENCE EAST TO SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27,T 13N,R6W;THENCE NORTH TO THE SOUTH/RIGHT BANK OF WHITE RIVER; THENCE IN A GENERALLY NORTHWESTERLY DIRECTION ALONG SAID SOUTH/RIGHT BANK OF WHITE RIVER TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF SECTION 27 LYING SOUTH OF WHITE RIVER;THENCE WEST TO A POINT THAT IS 250 FEET NORTH AND EAST OF THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY 167; THENCE IN A GENERALLY NORTHWESTERLY DIRECTION PARALLEL WITH THE NORTH RIGHT OF WAY LINE OF U.S.HIGHWAY 167 TO THE INTERSECTION OF THE EXISTING BATESVILLE CITY LIMITS; THENCE IN A CLOCKWISE DIRECTION ALONG THE EXISTING CITY LIMITS OF THE CITY OF BATESVILLE TO THE POINT OF BEGINNING. A map depicting said annexation area is attached hereto as Exhibit A and made a part hereof. SECTION 2. The question of annexation of the territory described above in Section 1 shall be submitted to the electors qualified to vote on this issue at the general election to be held on Tuesday, November 4, 2014. Once this ordinance takes effect, the City Clerk shall immediately notify the County Election Commission and the County Clerk by forwarding to each a certified copy of this ordinance and the map showing the area to be annexed. SECTION 3. If at such election a majority of the qualified electors voting in such election shall vote for the annexation, the annexation shall be effective and the territory included within the corporate limits of the City of Batesville thirty (30) days following the County Clerk's certification of the election results and recording of the same,along with the Page 3 of 6 description and a map of the annexed area, in the county records, and filing a certified copy thereof with the Secretary of State; or in the event an action is filed with the Circuit Court, on the date the judgment of said Court becomes final. If a majority of the qualified electors voting on the issue at the election vote against the annexation,the annexation ordinance shall be null and void. SECTION 4. No later than forty-five (45) days prior to the election, the city shall identify all persons who reside within the area proposed to be annexed,and the County Clerk shall assist the city in determining the names and addresses of all qualified electors residing within that area. SECTION 5. The City Clerk shall give notice of the election by publication by at least one (1) insertion in some newspaper having a general circulation in the city. SECTION 6. If the annexation is approved and becomes final, the governing body of the city shall by ordinance,as soon as practical after the annexation,attach and incorporate such annexed territory to and in one(1)newly formed ward of the city lying adjacent thereto, thereby granting the new territory representation on the Batesville City Council in the form of two (2) aldermen. SECTION 7. If the annexation is approved and becomes final,the following services shall be extended to the area as set forth herein,subject to any listed conditions, within three (3) years as set forth in Arkansas Code Annotated §14-40-303: SER VICE DA TE Police Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately Fire Protection.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately* Code Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately AnimalControl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately Sanitation Services, Specifically Trash Pickup. . . . . . . . . . . . . Immediately** Street Maintenance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediately *A dedicated Fire Station staffed continuously shall be in place within three (3) years, with existing stations providing service until then. Page 4 of 6 "Sanitation Services, Specifically Trash Pickup, shall be provided immediately, and the City-wide fee payable by all City residents for such service will apply to residents of the annexed area. The schedule of services shall be included in the annual written report required by Arkansas Code Annotated §14-40-2201. SECTION 8. The ballots used at said election on the question of annexation shall be titled and marked as follows: Concerning the Annexation of Certain Contiguous Territory, Located South of the Current City Limits,to the City of Batesville,as that Territory is Described in Ordinance No. [ ] FOR annexation of the territory described in Ordinance No. [ ] AGAINST annexation of the territory described in Ordinance No. PASSED and APPROVED this 25`h day of August, 2014. APPROVED: Rick Elumbaugh, M ATTEST: A Denise M. Johnston, City fherk Page 5 of 6 CERTIFICATE I, Denise M. Johnston, City Clerk of the City of Batesville hereby certify that this ordinance was duly passed and approved by a two-thirds (2/3) vote of the total number of members the City Council of the City of Batesville, Arkansas, on the 25`s day of August, 2014. jo_.J�no_o DENISE M. JOHNSTO1 , CITY CLERK CITY OF BATESVILLE Page 6 of 6 I _v f� h =I V ,� yy I�' •y ru d � ryy I t,z �r 1♦ i \ I—0; 6k6a I � Proposed Annexation Potential Boundary City Limit PLSS Sections(AHTD) s c i N Mlles w E 0 0.125 0.25 0.5 0.75 1 S rwmnun..wmu.u..w..�w.w.m