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Home My WebLink About2006-04-02 ORDINANCE NO. AN ORDINANCE BEFORE THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF BATESVILLE, ARKANSAS AND MAKING SAME A PART OF THE CITY OF BATESVILLE ARKANSAS AND ASSIGNING SAME TO WARDS AND ZONING CLASSES. WHEREAS, Petition was filed with the Court Clerk of Independence County, Arkansas, by the majority of the real estate owners of the hereinafter described territory asking that said territory be annexed to, and made a part of the City of Batesville, Arkansas, and, WHEREAS, On the 27'h day of February, 2006, the County Court of Independence County, Arkansas, found that the Petition was signed by a majority of the real estate owners in said territory; that said territory was contiguous and adjoining the present corporate limits of the City of Batesville, Arkansas; that an accurate plat or map of said territory has been filed with and made a part of said Petition; that proper notice has been giver fc„the time and in the manner prescribed by law; that all things pertaining thereto has been done in the manner prescribed by law, and the said lands and territory should be annexed to and made a part of the City of Batesville, Arkansas subject to the acceptance of the same by the City Council of said City at the proper time and upon the terms set out herein, as provided by law; and, WHEREAS, the time fixed by law for appealing from said Order of Annexation made by the County Court has expired and no appeal has been taken from said order. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1. The following described lands and territory contiguous and adjoining the City of Batesville, Arkansas, be and the same is hereby accepted as part of and annexed to and made a part of the City of Batesville, viz: A tract of land being a part of Section 21, and a part of Section 28, T 13 N, R 6 W, in Independence County, Arkansas, more particularly described as follows: Northeast corner of the NW1/4, NE1/4, of said Section 21, said point being on the right bank of White River and the northeast corner of the City of Batesville's Kennedy Part tract: thence along said right bank the following: N 09° 20' 30" W, 44.00 feet; • N 21- 42' 30" W, 154.00 feet; N 73° Ob' 30" W, 127.50 feet; N 79° 51' 30" W, 170.70 feet; N 70° 19' 30" W, 104.00 feet; N 88° 21' 30" W, 114.00 feet; S 86° 32' 59" W, 33.27 feet to the east right of way line of U.S. Highway No. 167; thence along said east right of way line the following: S 03° 27' 01" E, 591.11 feet; N 86° 32' 59" E, 50.00 feet; S 03° 27' O1" E, 3179.02 feet; S 86° 32' 59" W, 50.00 feet; S 03° 27' O1" E, 800.00 feet; N 86° 32' 59" E, 50.00 feet; S 03° 27' O1" E, 646.90 feet; S 29° 20' 17" E, 224.80 feet; S 61- 43' 38" E, 241.40 feet to the southwest corner of the Charles Adkisson tract; thence N 14° 51' 00" E along the west line of said Adkisson tract and the extension thereof, 250.00 feet; • thence N 58° 37' 30" W, 160.78 feet thence N 03° 27' O1" W, 3866.65 feet to the south line of the White River Materials tract; thence N 86° 45' 59" E along said sought line 542.10 feet to the right bank of said White River; thence along said right bank the following: N 20° 15' 00" W, 300.5 feet; N 22- 20' 00" W, 152.00 feet; N 40- 46' 00" W, 96.00 feet; N 14° 3748" W, 146.19 feet; N 08° 59' 18" E, 102.25 feet; N 10° 31' 28" W, 275.61 feet to the point of beginning. SECTION 2. The above described territory shall be annexed to and made a part of Ward 1 of the City of Batesville, and said territory shall be zoned Commercial C-1, and shall henceforth be apart of said ward as fully as all existing parts of said ward. SECTION 3. All improvements and structures located upon said lands and territory shall be exempt from all appropriate code requirements now enacted and in existence at the time of the adoption of this ordinance. SECTION 4. It is hereby found and declared that an emergency exists and that this ordinance being necessary for the public welfare, it shall be in full force and effect from the date of its passage. PASSED AND APPROVED this Say of April, 2006. onorable Joe Biard, Mayor ATTEST: Denise Johnst'n City Clerk • • WALMSLEY LAW FIRM ATTORNEY AT LAW 560 Water Street ® P.O.BOX 2535 BATESVILLE,ARKANSAS 72503 BILL H.WALMSLEY TELEPHONE(870)793-6818 FAX(870)793-6977 E-MAIL:bhw@cei.net February 27, 2006 Mayor Joe Baird City of Batesville 500 East Main Street Batesville, AR 72501 RE: City of Bu�Lesville Annexation Issue South of White River Dear Mayor Baird: Enclosed you will find a copy of the County Court Order dated February 27, 2006,and filed of record on that date. I have noted on my calendar the date of April 25, 2006, as the date for me to come to the City Counsel with proposed ordinances. Since T am not terribly familiar with the procedure that you follow with respect to the filing and adoption of the ordinances, please let me know if I need to get the proposed ordinance to you for filing before April 1, 2006. Also, does the ordinance need to be read at more than one counsel meeting. Finally, I have enclosed for your consideration my total bill for services rendered and expenses incurred in connection with straightening out the annexation question south of White River. The hours listed on my fee include only one hour for the presentation to the city counsel. I remai-i. Very truly yours, G� Bill H. Walmvsley BHW:cp Enclosure i IN THE COUNTY COURT OF INDEPENDENCE COUNTY, ARKANSAS IN THE MATTER OF THE PROPOSED ANNEXATION OF CERTAIN LANDS INTO NO. CO 2006-01 THE CITY OF BATESVILLE, ARKANSAS ORDER Now on this 27th day of February, 2006, comes on for hearing the Petition of White River Materials, Inc., White River Bituminous, Inc., Vurl, Mark and Sarah Shreve d/b/a S & S Liquidations, and the City of Batesville, Arkansas, being all of - the owners, qualified voters and inhabitants of the following described property located in Independence County, Arkansas, viz: • A tract of land being a part of Section 21, and a part of Section 28, T 13 N, R 6 W, in Independence County, Arkansas, more particularly described as follows: beginning at a point that is 1866.70 feet south and 653.60 feet west of the northeast corner of the NW 1/4, NEI/4, of said Section 21, said point being on the right bank of White River and the northeast corner of the City of Batesville's Kennedy Park tract: thence along said right bank the following: N 09°20'30" W, 44.00 feet; N 21'42'30" W, 154.00 feet; N 73°06'30" W, 127.50 feet; N 79°5 P 30" W, 170.70 feet; N 70'19'30" W, 104.00 feet; N 88°21'30" W, 141.00 feet; S 86°32'59" W, 33.27 feet to the east right of way line of U.S. Highway No. 167; thence along said east right of way line the following; FILED S 03°27'01" E. 591.11 feet; N 86°32'59" E, 50.00 feet; FEY 2 7.700 S 03'27'0 1" E, 3179.02 feet; _ - �} M MAR ARET BOOTHBY COUNTY&PRO TE CLERK r D.C. i • S 86°32'59" W, 50.00 feet; S 03*270 1" E, 800.00 feet; N 86°32'59" E, 50.00 feet; S 03'27'0 1" E, 646.90 feet; S 29'20'17" E, 224.80 feet; S 61°43'38" E, 241.40 feet to the southwest corner of the Charles Adkisson tract; thence N 14°51'00" E along the west line of said Adkisson tract and the extension thereof, 250.00 feet; thence N 58°37'30" W, 160.78 feet; thence N 03°27'01" W, 3866.65 feet to the south line of the White River Materials tract; thence N 86°45'59" E along said sought line, 542.10 feet to the right bank of said White River; thence along said right river bank the following: N 20-15'00" W, 300.5 feet; N 22°2C'00" W, 152.00 feet; N 40°46'00" W, 96.00 feet; N 14°37'48" W, 146.19 feet; N 08°59'18" E, 102.25 feet; N 10°31'28" W, 2 75.6 1 feet to the point of beginning. From said Petition the plat attached thereto, and other matters and things before the Court, and the Court being well and sufficiently advised to all matters of law and fact herein, the Court does find: 1. More than thirty (30) days have passed since the said Petition was filed in this Court with said Peittion having been filed on January 25, 2006, and that a hearing date has been scheduled for a hearing on said Petition for this date at '10:00 AM in the Independence County Courthouse, Batesville, Arkansas. A notice of said Petition and hearing has been published once a week for three (3) consecutive weeks, being January 30, 2006, February 6, 2006, and February 13 • 2006, and that proof of publication of said Notice has been filed herein and no objection to or protest against the Petition proposing annexation of the above described lands has been presented to the Court or filed with the Clerk of the Court. 2. The land described hereinabove to be annexed are contiguous and adjoining the City of Batesville, Arkansas. The Petitioners constitute a majority of the real estate owners in the lands to be annexed and are owners of more than one- half(%2) of said lands. An accurate plat or map which reflects the location of said lands has been prepared by the Petitioners and is filed herein. 3. From the Petition and statements of the Petitioners and their attorney, • Bill H. Walmsley , and based upon all matters and things before the Court, the Court finds that the Petition is proper and should be granted. IT IS THEREFORE CONSIDERED, ORDERED AND ADJUDGED by the Court that the h rids described hereinabove and in the plat or map filed herein, be, and are hereby approved and annexed to and made a part of the City of Batesville, Arkansas. IT IS SO ORDERED on this 27`h day of February, 2006. Honorable Bill Hicks County Judge