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HomeMy WebLinkAboutOrdinance 45460 0
ORDINANCE NO. 4546
AN ORDINANCE TO ESTABLISH AND LAYOFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO.6 — RUPPLE ROW
DEVELOPMENT
WHEREAS, a Petition from Fayetteville Municipal Property Owners'
Improvement District No. 6 — Rupple Row Development has been filed with the
Fayetteville City Clerk; and,
WHEREAS, the City Clerk has presented said petition to the Mayor; and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106 (2) provides that the Mayor shall
thereupon set a date and time, not later than 15 days after the date of the presentation of
the petition to the mayor, for a hearing before the governing body for consideration of the
petition; and,
WHEREAS, the Fayetteville City council has determined from an abstractor's
certificate of property ownership that those signing said petition constitute all the owners
of the real property to be located in said district; and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106(b)(2) provides that if the governing
body determines that all of the owners of the real property to be located in the district
have petitioned for the improvements, it shall then be its duty by ordinance to establish
and lay off the district as defined in the petition and to appoint the commissioners as
named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the real property described in Exhibit "A" attached hereto and
made a part hereof is hereby established and laid off as Fayetteville Municipal Property
Owners' Improvement District No. 6 — Rupple Row Development for the purpose of
constructing or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the installation of electric and
telephone distribution systems, sanitary sewers, streets and highways, including curbs
and gutters, and sidewalks, together with facilities related to any of the foregoing within
said district.
Section
2:
The following three
individuals are hereby named
as
commissioners of
said improvement
district: John Nock,
Richard Alexander and Ryan
C.
Thornton.
Section 3: The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No 6 — Rupple Row Development.
PASSED and APPROVED this the 2°d day of March, 2004.
By:
By: �/%A ji. YW—
SONDRA SMITH, City Clerk
EXHIBIT "A"
Tract Seven (7) of WHM Land Investments, Inc., a subdivision to the City
of Fayetteville, Arkansas, as per plat on file in Plat Book 17 at Page 102
among records in the office of the Circult Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
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.
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO, 6 — RUPPLE ROW DEVELOPMENT
For their petition to form Fayetteville Municipal Property Owners' Improvement
District No. 6 — Rupple Row Development, Nock Investments, L.L.C, John Nock,
Richard Alexander and Ryan C. Thomton., state:
1. Petitioners are the record title owners to all of the real property described in
Exhibit "A" attached hereto and made a part hereof as reflected by the deed records in the
Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.
All of said property is located within the corporate limits of the City of Fayetteville,
Arkansas.
2. Petitioners desire that the real property described in Exhibit "A" attached
hereto and made a part hereof be laid off into a municipal property owners' improvement
district pursuant to Ark. Code Ann. Section 14-94-101 et seq. for the purpose of
constructing, and maintaining facilities for waterworks, recreation, drainage, gas
pipelines, underground trenches and excavations necessary for the installation of ejwUj VCD
FEB 112094
CITY OF FAYETTEVILLE
rITY CLERK'S OFFICE
and telephone distribution systems, sanitary sewers, streets and highways including curbs
and gutters, and sidewalks, together with facilities related to any of the foregoing.
3. Petitioners desire that the district shall not cease to exist upon the construction
of the improvements, but it shall continue to exist for the purpose of preserving,
maintaining, and operating the improvements, replacing equipment, paying salaries to
employees, and performing any other functions or services authorized in Ark. Code Ann.,
Title 14, Chapter 94,
4. Petitioners name the following three (3) individuals to be appointed as
commissioners of the District: John Nock, Richard Alexander and Ryan C. Thomton.
5. Petitioners propose that the name of the district be Fayetteville Municipal
Property Owners' Improvement District No. 6 — Rupple Row Development.
WHEREFORE, Nock Investments, L.L.C., John Nock, Richard Alexander and
Ryan C. Thornton petition the City Council of Fayetteville, Arkansas, to adopt an
ordinance establishing and laying off the real property described in Exhibit "A" attached
hereto and made a part hereof into Fayetteville Municipal Property Owners'
Improvement District No. 6 — Rupple Row Development for the purpose of constructing
and maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the installation of electric and
telephone distribution systems, sanitary sewers, streets including curbs and gutters, and
sidewalks, together with facilities related to any of the foregoing.
DATED this it day of February, 2004.
BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS
RE: PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY
OWNERS' IMPROVEMENET DISTRICT NO.6 — RUPPLE ROW
DEVELOPMENT
ABSTRACTOR'S CERTICIFATE OF PROPERTY OWNERSHIP
Waco Title hereby certifies that the deed records in the office of the Circuit Clerk
and Ex-Officio Recorder of Washington County, Arkansas, reflect that Nock
Investments, L.L.C., John Nock, Richard Alexander and Ryan C. Thomton are all of the
owners of the record title for the real property described in Exhibit "A" to the Petition to
Form Fayetteville Municipal Property Owners' Improvement District No. 6 — Rupple
Row Development, a copy of which Exhibit "A" is attached hereto and made a part
hereof. THIS CERTIFICATE IS LIMITED TO SURFACE OWNERSHIP ONLY.
Dated this 9th day of Fahr„nry .2004.
Waco Title
By:v f" �gO+A�ar•�
Printed Name: Helen Bingaman
Title: p 14A
Abc�erseter
RECFIVED
f E 6 11 2004
CITY OF FHYMEVILLE
^.'T" CLERK'S OFFICE
EXHIBIT "A"
Tract Seven (7) of WHM Land Investments, Inc., a subdivision to the City
of Fayetteville, Arkansas, as per plat on file In Plat Book 17 at Page 102
among records In the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County, Arkansas.
�i/e �✓�vSvG
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 6 — RUPPLE ROW DEVELOPMENT
ASSESSOR'S OATH
I, Lynn Gregson , Assessor for Fayetteville Municipal Property Owners'
Improvement District No. 6 — Rupple Row Development, hereby swear that I will
well and truly assess all benefits that will accrue to the landowners of the District
by reason of the improvements.
n Gregson
State of Arkansas
)SS.
Countyof Washington )
On the\. day of December, 2005, before me, the undersigned
notary public, personally appeared Lynn Gregson, known to me (or satisfactorily
proven) to be the person whose name he subscribed to the within instrument and
acknowledged that he executed that same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
OFFICIAL SEAL
MARILYN B. MCCORD
NOTARY PUBLIC•ARKANSAS
WAS ION COUNTY
MY COMMI PIRES 03-W2MB
LZ
IN V-�a Im ME
RECEIVED
DEC 14 2W
CITY OF FAYE-1T9 LE
MTV OL99K's DFFIGE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO, 6- RUPPLE ROW DEVELOPMENT
ASSESSMENT OF BENEFITS
Prepared by: Lynn Gregson, District Assessor
Fayetteville Municipal Wrty Owners' Improvement District No. Asupple Row (Arkansas)
1113
42,000:I0
2
2
42,000III
3
3
42,000111
4
4
42,000'1
4,000
5
5
4210DO
4,000
6
6
42,000
4,000
7
7
42,000
4,000
8
8
42,0oo
111
9
9
42,000
4,000
1
10
42,000
4,000
42,000
4,000
42,000
4,000
42,000
4.000
42.000
4,000
42,000
4,000
4ZOOO
4,000
42.000
4,000
42,000
4,000
19
9
42,000
4,000
1
20
111
111
4,000
42,000
4,000
I
22
42,000
4,000
23
23
42,000
4,000
24
24
42,000
4,000
25
251111
42,0004,000
26
26
42,000
4,000
27
27
42,000
4 111
42,000
. I11
29
29
42,000
4,000
I1
111
111
111
111
42,000
.III
32
/
; 111
42,ODO;l
4,ODO
6
33
; 111
111
4,000
111
10
111
111
42,0001
4,000
111
42,000
4,000
37
37
42,ODO
4,COO
38
38
42,000
4,000
3
39
42,000
4,000
41
.1
42,000
4,000
42,000
4,000
42
42
42,000
4,000
43
43
42,000
4,000
44
44
42,000
4,000
45
45
42,000
4,000
42,0004,000
47
47
42,000
4,000
46
48
42,000
4,000
49
49
42,000
4,000
1
50
42,000
4,000
42,000
4,000
52
52
42,000111
53
53111
111
4,000
54
54
42,ODO
• III
55
55
42,1000
4,000
56
56
42,00D
4,000
57
57
42,000
4,000
56
58
42,000
4,000
59
59
42,000
4,000
:1
:1
42,000
4,000
42,000
4,000
62
62
42,000
4,000
:t
6 1
42,000
4,000
42,000
4,000
.-
..
; 111
111
4,000
::
:.
111
42,10DO 11
4,000
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
2,073
- 2,073
- 2,073
- 2,073
2,073
- 2,073
- 2,073
2,073
- 2,073
2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
2,073
2,073
2,073
- 2,073
- 2,073
- 2,073
2,073
2,073
- Z073
2,073
2,073
2,073
2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
2,073
- 2,073
- 2,073
2,073
- 2,073
- 2,073
- 2,073
- 2,073
- 2,073
2,073
- 2,073
- 2,073
- 2,073
- Z073
- 2,073
2,073
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investmerts, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nock Investments, LLC
Nods Investments, LLC
Node Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments. LLC
Nock Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nock Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nods Investments, LLC
Nock Investments, LLC
Nods Investments, LLC
Nods Investrnems, LLC
Nod* Investments, LLC
Nod* Investments, LLC
Nod* Investments, LLC
Nock Investments, LLC
Nod* Investments, LLC
Nod* Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nock Investments, LLC
Nod* Investments, LLC
Nock Investments, LLC
Nod* Investments, LLC
Nock Investments, LLC
Nock Invesments, LLC
Nod* Investments, LLC
Nod* Investments, LLC
Nod* Inve&rwft, LLC
Nod* Investments, LLC
t of 4
Fayetteville Municipal Olerty Owners' Improvement District No. Joupple Row (Arkansas)
Assessed Value Assessed Value d Estimated Cost
Number LotofLands Prior to Lands After Benefits Assessed Assessed es Associated with Owner of Record
of Lots DesignationImprovementImprovement Lot
67 67 38,000 42,000 4,OOO - 2,073 Nock Investments, LLC
68 68 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
69 69 38,000 42,000 4,000 - 2,073 Nock Investrnents, LLC
70 70 38,000 42,000 4,000 - 2,073 Nock Investrnents, LLC
71 71 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
72 72 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
73 73 381000 42,000 4,000 - 2,073 Nock Investments, LLC
74 74 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
75 75 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
76 76 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
77 77 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
78 78 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
79 79 38,000 42,000 4,000 - Z073 Nock Investments, LLC
80 80 38,000 42,000 4,000 - 2,073 Nock Investrnents, LLC
81 81 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
82 82 38,000 42,OOO 41000 - 2,073 Nock Investments, LLC
83 83 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
84 84 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
85 85 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
86 86 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
87 87 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
88 88 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
89 89 38,000 42,000 4,000 - 2,073 Node Investments, LLC
90 90 38,000 42,000 4,000 - 21073 Node Investments, LLC
91 91 38,000 42,000 41000 - 2,073 Node Investments, LLC
92 92 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
93 93 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
94 94 38,000 420000 41000 - 2,073 Nods Investments, LLC
95 95 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
96 96 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
97 97 38,000 42,000 4,000 - 2,073 Node Investments, LLC
98 98 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
99 99 38,000 42,000 4,000 - Z073 Node Investments, LLC
100 100 38,OOo 42,000 4,000 - 2,073 Nods Investments, LLC
101 101 38,000 42,000 4,000 - 2,073 Nods Investrnents, LLC
102 102 38,000 42,000 4,000 - 2,073 Nock Ind, LLC
103 103 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
104 104 38,000 42,000 4,000 - 2,073 Nock Investrnents, LLC
105 105 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
106 106 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
107 107 38,000 42,000 41000 - 2,073 Nock Investments, LLC
108 108 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
109 109 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
110 110 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
111 111 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
112 112 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
113 113 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
114 114 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
115 115 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
116 116 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
117 117 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
118 118 38,000 42,000 4,000 - 21073 Nock Investments, LLC
119 119 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
120 120 38,000 42,000 49000 - 2,073 Nock Investments, LLC
121 121 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
122 122 38,000 42,000 4,000 - 2,073 Nods Investrnents, LLC
123 123 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
124 124 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
125 125 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
126 126 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
127 127 38,000 42,000 4,000 - 2,073 Nock Invedrtnents, LLC
128 128 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
129 129 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
130 130 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
131 131 38,000 42,000 4,000 - 21073 Nods Investments, LLC
132 132 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
2 of
Fayetteville MunicipalSerty Owners' Improvement District No. Oupple Row (Arkansas)
Number Lot Assessed Value Assessed Value of Assessed Assessed Estimated Cost
of Lots Designation of lands Prior to Lands Alter Associated with Owner of Record
Benefits
Improvement Improvement Damages Lot
133 133 38,0W 42,000 4,M - 2,073 Node Investments, LLC
134 134 38,000 42,000 4,000 - 2,073 Node Investments, LLC
135 135 38,000 42,000 4,000 - 2,073 Nods Investments, LLC
136 136 380000 42,000 4.000 - 2,073 Nods Investments, LLC
137 137 38,OW 42.000 4,000 - 2,073 Nods Investments, LLC
138 138 38,0W 42,000 4,000 - 2,073 Nods Investments, LLC
139 139 38,0D0 42,000 4,000 - 2,073 Nods Investments, LLC
140 140 38,OW 42,000 4,000 - 2,073 Nods Investments, LLC
141 141 38,0W 42,000 4,000 - 2,073 Nods Investments, LLC
142 142 38,000 42,000 4,000 - 2,073 Nock Investments, LLC
143 143 38,000 42,000 4,OW - 2,073 Nock Investments, LLC
144 144 38,000 42,000 4,OW - 2,073 Nock Investments, LLC
145 145a 23,750 26,250 2,500 - 2,073 Nods Investments, LLC
146 145b 23,750 26,250 2,5W - 1,296 Nock Investments, LLC
147 146a 23,750 26,250 21500 - 1,296 Nock Investments, LLC
148 146b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
149 147a 23,750 26,250 2,500 - 1,296 Node Investments, LLC
150 147b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
151 148a 23,750 26,250 21500 - 1,296 Nods Investments, LLC
152 148b 23,750 26,250 2,5W - 1,296 Nock Investments, LLC
153 149a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
154 149b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
155 150a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
156 150b 23,750 26,250 2$00 - 1,296 Nock Investments, LLC
157 151a 23.750 26,250 2,500 - 1,296 Nock Investments, LLC
158 151b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
159 1523 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
160 152b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
161 153a 239750 26,250 21500 - 11296 Nock Investments, LLC
162 153b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
163 154a 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
164 154b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
165 155a 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
166 155b 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
167 156a 23,750 26,250 2,500 - 1,296 Nods Investments, LLC
168 156b 23,750 26,250 2,500 - 1,296 Node Investments, LLC
169 157a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
170 157b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
171 158a 23,750 26,250 21500 - 1,296 Nock Investments, LLC
172 158b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
173 159a 23,750 25,250 2,500 - 1,296 Node Investments, LLC
174 159b 23,750 26,250 2,500 - 1,296 Nock Investrnnents, LLC
175 160a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
176 160b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
177 161a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
178 161b 23,750 26,250 2,5W - 1,296 Nock Investments. LLC
179 162a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
180 162b 23,750 25,250 2,500 - 1,296 Nock Investments, LLC
181 163a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
182 163b 23,750 26,250 2,500 - 11296 Nock Investments, LLC
183 164 61,750 68,250 6,500 - 3,369 Nock Investments, LLC
184 165 61,750 68,250 6,500 - 3,369 Node Investments, LLC
185 166a 23,750 26,250 2,SW - 1,296 Node Imreshnents, LLC
186 166b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
187 167a 23,750 26,250 2,500 - 1,296 Node Investments, LLC
188 167b 23,750 26,250 2,5W - 1,296 Node Investments, LLC
189 168a 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
190 168b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
191 169a 23,750 26,250 2,500 - 1,296 Node Investments, LLC
192 169b 23,750 25,250 2,500 - 1,296 Node Investments, LLC
193 170a 23,750 26,250 2,500 - 11296 Node Investments, LLC
194 170b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
195 171a 23,750 26,250 2,500 - 1,296 Nock lnvestnnents, LLC
196 171b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
197 172a 23,750 26,250 2,500 - 1,296 Node Investnents, LLC
198 172b 23,750 26,250 2,500 - 1,296 Nock Investments, LLC
3 of
Fayetteville Municipawrty Owners' Improvement District No.okupple Row )Arkansas)
Number
of Lots
Lot
Designation
Assessed Vakie
of Lands Prior to
Improvement
Assessed Value of
Lands After
Improvement
Assessed
Benef4s
Assessed
Damages
Estimated Cast
Associated with
Lot
Ovmer of Record
199
173a
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
200
173b
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
201
174a
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
202
174b
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
203
Me
23,750
25,250
2,500
-
1,296
Nock Investments, LLC
204
175b
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
205
176a
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
206
176b
23,750
26,250
2,500
-
1,296
Nock Invesanents, LLC
207
me
23,750
26,250
2,500
-
1,296
Nock InveWnents, LLC
208
177b
23,750
26,250
2$00
-
1,296
Nock Investments, LLC
209
178a
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
210
178b
23,750
26,250
2,500
-
1,296
Nock Investments, LLC
211
179a
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
212
179b
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
213
180a
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
214
180b
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
215
181a
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
216
181b
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
217
182a
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
218
182b
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
219
183a
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
220
183b
23,750
26,250
2,500
-
1,296
Nods Investments, LLC
221
184
38,000
42,000
4,000
-
2,073
North College Development, LLC
222
185
38,000
42,000
4,000
-
2,073
North College Development, LLC
223
186
38,000
42,000
4,000
-
2,073
North College Development, LLC
224
187
38,000
42,000
4,000
-
2,073
North Cortege Development, LLC
225
188
38,000
42,000
4,000
-
2,073
North College Development, LLC
226
189
38,000
42,000
4,000
-
2,073
North College Development, LLC
227
190
38,000
42,000
4,000
-
2,073
North College Development, LLC
228
191
38,000
42,000
4,000
-
2,073
North College Development, LLC
229
192
38,000
42,000
4,000
-
2,073
North College Development, LLC
230
193
38,000
42,000
4,000
-
2,073
North College Development, LLC
231
194
38,000
42,000
4,000
-
2,073
North Cdkge Development, LLC
232
195
38,000
42,000
4,000
-
2,073
North College Development, LLC
233
196
38,000
42,000
4,000
-
2,073
North College Development, LLC
234
197
38,000
42,000
4,000
-
2,073
North College Development, LLC
235
198
38,000
42,000
4,000
-
2,073
North College Development, LLC
236
199
38,000
42,000
4,000
-
21073
North College Development, LLC
237
200
38,000
42,000
4,000
-
2,073
North College Development, LLC
238
201
38,000
42,000
4,000
-
2,073
North College Development, LLC
239
202
38,000
42,000
4,000
-
2,073
North College Development, LLC
240
203
38,000
42,000
4,000
-
2,073
North College Development, LLC
241
204
38,000
42,000
4,000
-
2,073
North College Development, LLC
242
205
38,000
42,000
4,000
-
2,073
North College Development, LLC
243
206
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
244
207
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
245
208
38,000
42,000
4,000
-
29073
Nods Investments, LLC
246
209
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
247
210
36,000
42,000
4,000
-
2,073
Nock Investments, LLC
248
211
38,000
42,000
4,000
-
2,073
Nock Investments, LLC
249
212
38,000
42,000
4,000
-
2,073
Nods Investrnents, LLC
250
213
38,000
42,000
4,000
-
2,073
Nock Investments, LLC
251
214
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
252
215
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
253
216
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
254
217
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
255
218
38,000
42,000
4,000
-
2,073
Nock Irwesbmmts, LLC
256
219
38,000
42,000
4,000
-
2,073
Nods Investments, LLC
257
220
38,000
42,000
4,000
-
2,073
Nock Imrestrnents, LLC
258 1
221 1
38,0001
42,000 1
4,0001
1
2,0731
Nods Investments, LLC
Total Assessed Benefits: $ 926,000 Total Cost $ 480,705
Holib�i
4 of
41
NAME OF FILE: Ordinance No. 4546
CROSS REFERENCE:
Item # Date Document
1
02/19/04
Staff Review Form
2
02/17/04
letter to mayor
3
draft ordinance
4
02/11/04
letter to city clerk from James McCord
5
map
8
Feb. 2004
draft memo
7
draft ordinance
8
03/05/04
memo to Sondra Smith
9
03/11/04
copy of letter to James McCord
10
03/08/04
Affidavit of Publication
11
03/10/04
three commissioner's oaths
NOTES:
STAFF REVIEW FORM - NON -FINANCIAL OBLIGATIO
XXXX AGENDA REQUEST
For the Fayetteville City Council Meeting of: March 2,2004
FROM:
Sondra Smith City Clerk City Clerk
Name Division Department
ACTION REQUIRED: An ordinance to establish Fayetteville Municipal Property Owner's Improvement District
No. 6 - Rupple Row Development
SUMMARY EXPLANATION:
A petition filed by James N. McCord to form Fayetteville Municipal Property Owners' Improvement District No. 6
Rupple Row Development. The petition is being filed under the Arkansas Municipal Property Owners'
Improvement District law. Arkansas Code Ann. 14-94-101 et seq. The property comprises approximately 40
acres. It is located approximately 600 feet south of Wedington Drive, immediately west of Rupple Road and
south of the proposed extension of Persimmon Street.
STAFF RECOIMfENDATION: q
7i4444A )� oZ �/ Q Received in Mayor's Office
Division Head Date
City Attorney
Department Director
Fidance S Internal S s Dir.
Chief/ 4WInistraYlVe Officer
Mayor
Date
Date
2 -( 9-d)(
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
care
Yes NO
(6)
F'AYE7'TEV&LE
THE CITY OF FAYETTEVILLE, ARKANSAS
February 17, 2004
Honorable Dan Coody, Mayor
City Administration Building
113 W. Mountain
Fayetteville, AR 72701
FILE COPY
RECEIVED
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
RE: Petition to form Fayetteville Municipal Property owners,
Improvement District No. 6
Rupple Row Development
Dear Mayor:
Pursuant to Arkansas Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that the
enclosed Petition to form Fayetteville Municipal Property Owners' Improvement District
No. 6 — Rupple Row Development has been filed in the office of the Fayetteville City
Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106 (a)(]), I hereby present you with the
Petition.
Sincerely,
Sondra Smith
City Clerk/treasurer
cc: Kit Williams, City Attorney
James N. McCord
113 WEST MOUNTAIN 72701 479521-7700
FAX 479-575-9257
ee
/ awl &Ulr;6�
RU174e& /PoocJ
ORDINANCE NO. 3X9-/0 y
AN ORDINANCE TO ESTABLISH AND LAYOFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 6 — RUPPLE ROW
DEVELOPMENT
WHEREAS, a Petition from Fayetteville Municipal Property Owners'
Improvement District No. 6 — Rupple Row Development has been filed with the
Fayetteville City Clerk; and,
WHEREAS, the City Clerk has presented said petition to the Mayor; and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106 (2) provides that the Mayor shall
thereupon set a date and time, not later than 15 days after the date of the presentation of
the petition to the mayor, for a hearing before the governing body for consideration of the
petition; and,
WHEREAS, the Fayetteville City council has determined from an abstractor's
certificate of property ownership that those signing said petition constitute all the owners
of the real property to be located in said district; and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106(b)(2) provides that if the governing
body determines that all of the owners of the real property to be located in the district
have petitioned for the improvements, it shall then be its duty by ordinance to establish
and lay off the district as defined in the petition and to appoint the commissioners as
named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the real property described in Exhibit "A" attached hereto and
made a part hereof is hereby established and laid off as Fayetteville Municipal Property
Owners' Improvement District No. 6 — Rupple Row Development for the purpose of
constructing or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the installation of electric and
telephone distribution systems, sanitary sewers, streets and highways, including curbs
and gutters, and sidewalks, together with facilities related to any of the foregoing within
said district.
Section 2:
The following three
individuals are hereby named as
commissioners of
said improvement
district: John Nock,
Richard Alexander and Ryan C.
Thornton.
Section 3: The name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No 6 — Rupple Row Development.
PASSED and APPROVED this the 2"d day of March, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN C DY, Mayor
• JAMES N. McCORD •
,attorney at Law
11 N. WEST AVE.
SUITE #202
FAYETTEVILLE, ARKANSAS 72701
TELEPHONE (479) 695-1134
FACSIMLE (479) 695-1135
jimm000rdlaw@alltel.net
February 11, 2004
Ms. Sondra Smith, City Clerk
City Administration Building
113 West Mountain
Fayetteville, AR 72701
VIA HAND DELIVERY
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 6 — Rupple Row Development
Dear Ms. Smith:
Enclosed for filing in the office of the Fayetteville City Clerk are three (3)
executed counterparts of a Petition to Form Fayetteville Municipal Property Owners'
Improvement District No. 6 — Rupple Row Development. Please file mark each Petition,
retain one for your permanent file, retain one for presentation to the Mayor, and return
the other counterpart to me. The Petition is being filed under the Arkansas Municipal
Property Owners' Improvement District law, Ark. Code Ann. Sec. 14-94-101 et seq.
The property to be located in the improvement district comprises approximately
40 acres. It is located approximately 600 feet south of Wedington Drive, immediately
west of Rupple Road and south of the proposed extension of Persimmon Street reflected
on the City's Master Street Plan (see enclosed vicinity map). A residential subdivision is
proposed for the property.
Ark. Code Ann. Sec. 14-94-105(e)(3) provides that notice of the filing of the
Petition shall be given by first class mail to the mayor by the clerk. Ark. Code Ann. Sec.
14-94-106 provides:
(a)(1) Upon the filing of the petition with the clerk, it shall be the duty of the
clerk to present the petition to the mayor.
(2) The mayor shall thereupon set a date and time, not later than fifteen (15)
days after the date of the presentation of the petition to the mayor, for a
hearing before the governing body for consideration of the petition.
RECEIVED
FEB 1 1 2004
CITY OF FAYETTEVILLE
CITY CLERKS OFT:
•
(b)(1) At the hearing, it shall be the duty of the governing body to hear the
petition and to ascertain whether those signing the petition constitute
all the owners of the real property to be located in the district.
(2)(A) If the governing body determines that all the owners of the real property
to be located in the district have petitioned for the improvements, it shall
be its duty by ordinance to establish and lay off the district as defined
in the petition and to appoint the commissioners as named in the petition.
rs•
(c) The ordinance establishing the district shall be published within
thirty (30) days after its adoption by one (1) insertion in some
newspaper of general circulation in the municipality in which the
district lies.
Enclosed for your convenience is a form for a letter you may use to give the
Mayor notice by first class mail that the Petition has been filed with the City Clerk. Also
enclosed for filing in your office is an executed Abstractor's Certificate certifying that the
improvement district petition is signed by the owners of all the real property described in
the petition. I have drafted and enclose an ordinance which would establish the
improvement district and name the commissioners.
Formation of a municipal property owners' improvement district is merely a
financing alternative for the cost of subdivision infrastructure. The improvement district
issues special assessment bonds, bond proceeds are used to pay for the infrastructure, the
district levies a tax on each lot to pay debt service on the bonds, the tax revenues are paid
to the bond trustee, and the trustee makes debt service payments to the bondholders. The
developer must comply with all City development ordinances. The infrastructure must be
constructed to City specifications and is dedicated to the City.
Should there be any questions, please contact me.
Sincerely,
James N. McCord
JNM:mbm
cc: Honorable Dan Coody, Mayor
Kit Williams, City Attorney
John Nock
MT.COdFl7IT
a
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W. ERSIMM
0
DEVELOPMENT
SITF
0
s
E
February 32004
Honorable Dan Coody, Mayor
City Administration Building
113 W. Mountain
Fayetteville, Ar 72701
Re: Petition to Form Fayetteville Municipal Property Owners' Improvement
District No. 6 — Rupple Row Development
Dear Mayor:
Pursuant to Ark. Code Ann. Sec. 14-94-105 (e)(3), you are hereby notified that
the enclosed Petition to From Fayetteville Municipal Property Owners' Improvement
District No. 6 — Rupple Row Development has been filed in the office of the Fayetteville
City Clerk. Pursuant to Ark. Code Ann. Sec. 14-94-106(a)(1), I hereby present you with
the Petition.
Sincerely,
Sondra Smith
City Clerk
cc: Kit Williams, City Attorney
James N. McCord
0
ORDINANCE NO.
AN ORDINANCE TO ESTABLISH AND LAY OFF
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO.6 — RUPPLE ROW DEVELOPMENT
WHEREAS, a Petition to foam Fayetteville Municipal Property Owners'
improvement District N. 6 — Rupple Row Development has been filed with the
Fayetteville City Clerk; and,
WHEREAS, the City clerk has presented said petition to the Mayor, and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106 (2) provides that the Mayor shall
thereupon set a date and time, not later than 1S days after the date of the presentation of
the petition to the mayor, for a hearing before the governing body for consideration of the
petition; and,
WHEREAS, the Fayetteville City Council has determined from an abstractor's
certificate of property ownership that those signing said petition constitute all the owners
of the real property to be located in said district; and,
WHEREAS, Ark. Code Ann. Sec. 14-94-106(b)(2) provides that if the governing
body determines that all of the owners of the real property to be located in the district
have petitioned for the improvements, it shall then be its duty by ordinance to establish
and lay off the district as defined in the petition and to appoint the commissioners as
named in the petition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
FAYETTEVILLE, ARKANSAS:
SECTION 1: That the real property described in Exhibit "A" attached hereto and
made a part hereof is hereby established and laid off as Fayetteville Municipal Property
Owners' Improvement District No. 6 — Rupple Row Development for the purpose of
constructing or maintaining facilities for waterworks, recreation, drainage, gas pipelines,
underground trenches and excavations necessary for the installation of electric and
telephone distribution systems, sanitary sewers, streets and highways, including curbs
and gutters, and sidewalks, together with facilities related to any of the foregoing within
said district.
Section 2: The following
three individuals are hereby
as
commissioners of said
improvement district: John
Nock,
Richard
Alexander
and Ryan
C.
Thornton.
Section 3: the name of said improvement district shall be Fayetteville Municipal
Property Owners' Improvement District No 6 — Rupple Row Development.
PASSED AND APPROVED this day of 2004.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
EXHIBIT "A"
Tract Seven (7) of WHM Land Investments, Inc., a subdivision to the City
of Fayetteville, Arkansas, as per plat on file in Plat Book 17 at Page 102
among records in the office of the Circuit Clerk and Ex-officio Recorder of
Washington County, Arkansas.
FAYETTEV?LLE 0
THE CITY Of FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sondra Smith
City Clerkrrreasurer
From: Clarice Buffalohead-Pearman v
City Clerk Division
Date: March 5, 2004
Re: Ordinance No. 4546
Attached is a copy of the above ordinance passed by the City Council March 2, 20043
establishing Improvement District No. 6-Rupple Row Development. This ordinance with
attachments will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let me know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
James N. McCord, Attorney at Law
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sondra Smith
City Clerkfrreasurer
From: Clarice Buffalohead-Pearman �1 `
City Clerk Division
Date: March 5, 2004
Re: Ordinance No. 4646
Attached is a copy of the above ordinance passed by the City Council March 2, 2004,
establishing Improvement District No. 6-Rupple Row Development. This ordinance with
attachments will be recorded in the city clerk's office and microfilmed.
If anything else is needed please let me know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
James N. McCord, Attorney at Law
FAYETTEV&LE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
March 11, 2004
James N. McCord
11 N. West Avenue, Ste. 202
Fayetteville, AR 72701
Re: Ordinance No. 4546
Dear Jim:
Enclosed please find
two
certified copies of
the ordinance passed by
the City Council regarding
Improvement District
No.
6. Also enclosed
is a copy of the Affidavit
of Publication. If anything
else is needed please
the
clerk's office know.
Thanks.
Clarice Buffalohead-Pearman
City Clerk Division
/cbp
Enc.
113WESTMOUNTAIN 72701 479521-7700
FAX 479-575-8257
AFFI
T OF PUBLICATION
I, 1( //1eaZ*,,1')/ , do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
6, k' 4 f7L��J �%/lP was inserted in the regular editions on
-�
PO# a
** Publication Charge: $ 121&1)1
Subscribed and sworn to before me this
D O day of /i/q 2004. f
Notary Public t
My Commission Expires:
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
=b7s
al Rr^'";�
L ARGO
rkansas MAR 1 0 1004
COUNTYes 07•28-2013 = Ca OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
0
ORDINANCE NO. 4040
4N ORDINANCE TO ESTABUSH AND LAY OFF FAYEITE 1g W
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT
NO. 6 - RUPPLE ROW DEVELOPMENT
WNEREAE, a Petition from FayetWI16.. Municipal Property J
Comes, Improvement District No. 6 - Rupple Raw Development YI
has been filed with the FayettaMAe City Clerk: and,
WKERW, the City Clerk hes presented said petition to the Mayor, encl.
WRESEAS, Ark. Cade Ann. Sec. 14-94-106(2) PmMdw
that of e Mayor p sh on to thereupon the maycrse/ta awlaarMg
"I not Istar,tnen 15 days after the dace al the presen
Wave the 9overtiirg body fa considerstion Of the Petition: andWNKES^ the FayettoWls City
n9d horn an
of
PW
omwarp flat those sgnirg said PBUID'Il hosi ll f p
0"W althe owners owners of Vareal property obe located eed In
said deftnot; and,
WHEREAS, Ark. Code Am. Sec. 14-g4-101)(M) Provides that If the gOYwNrg determines V
body at
ell a the OBwtas of Me reel property to be located In the district haws petitioned fortra Iml rOWT1T nts..
V shaff than be its duty by Ordinance to establish and W oft the dishlct as defined in the Petition and to
appoint the cornmiscionas as named in the petition.
NOW, THEREFORE, SE R ORDAINED EY THE CRY COUNCIL OF FAYMMLIA
faction 1: That lhe.rea ProPenY described InEd"ba'A' attached hereto eric made a part hereof is
Welty established and lad oil. as Fayetteville Municipal Property O+rrtar5'ImProwanant wwort No. 8
7upple Row Dawaopment for the purpose of. constructing or maintaining facilities for waterworks. facts..
ation, drainage, gas Pipelines, underground trenches and eacawations necessary for the Installation of
BlecVic andtelephOne disblbullm systems, senfiay sewers, streets and Ng wahin saltl district. an0
gutters, and sidewalks, together Wth facilities related to any of the toaegoing
Section 2: The following three Individuals ere hereby named as commissioners of said Improvement Ns -
MCI: John Nock, Rdhard Alexander and Ryan C. Thomton.
Improvementw 3- The hanna Of
No 6 -aRupP ent ptmantnd be Fayetteville Municipal Properly Ov^ata
c
PASSED MW APFRMD this the 2nd day of March, 2004.
•
0
rf /
`fS/�
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO.6 - RUPPLE ROW DEVELOPMENT
COMMISSIONER'S OATH OF OFFICE
I, RICHARD ALEXANDER, A COMMISSIONER OF FAYETTEVILLE
MUNICIPAL PRPERTY OWNERS' IMPROVEMENT DISTRICT NO. 6 -
RUPPLE ROW DEVELOPMENT, HEREBY SWEAR TO SUPPORT THE
CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE
STATE OF ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN
IMPROVEMENT DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED,
DIRECTLY OR INDIRECTLY, IN ANY CONTRACT LET BY THE BOARD
EXCEPT UPON THE APPROVAL OF ALL Tuo OWNERS OF REAL
PROPERTY IN THE DISTRICT. /
5
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ON THIS THE IPA DAY OF MARCH, 2004, BEFORE ME THE
UNDERSIGNED OFFICER, PERSONALLY APPEARED RICHARD
ALEXANDER, KNOWN TO ME (OR SATISFACTORILY PROVEN) TO BE THE
PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUEMENT
AND ACKNOWLEDGED THAT HE EXECUTED THE SAME FOR THE
PURPOSES THEREIN CONTAINED.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL
SEAL.
My Commission Expires:
M 1 -:41 //
OFRCIAL SEAL
CAROL L. GREGORY
NOTARY PUBLIC - ARKANSAS
WASH'NGTON COUNIY
I My COIAWSSION EXPIRES: 11-29-2004
MAR 15 2004
CITY OF FAYETTEVILLE
OrrY CLERK'S OFFICE
0 0 OAW''5�0
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 6 — RUPPLE ROW DEVELOPMENT
COMMISSIONER'S OATH OF OFFICE
I, RYAN C. THORNTON, A COMMISSIONER OF FAYETTEVILLE MUNICIPAL
PRPERTY OWNERS' IMPROVEMENT DISTRICT NO. 6 — RUPPLE ROW
DEVELOPMENT, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF
THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF
ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT
DISTRICT COMMISSIONER, AND TO NOT BE I1NTERq6TED, DIRECTLY OR
INDIRECTLY, IN ANY CONTRACT BY TF�E BOA EXCEPT UPON THE
APPROVAL OF ALL THE OWNERS OF)REAE ROPER IN THE DISTRICT.
A
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ON THIS THE IS t' DAY OF MARCH, 2004, BEFORE ME THE
UNDERSIGNED OFFICER, PERSONALLY APPEARED RYAN C. THORNTON,
KNOWN TO ME (OR SATISFACTORILY PROVEN) TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUEMENT AND
ACKNOWLEDGED THAT HE EXECUTED THE SAME FOR THE PURPOSES
THEREIN CONTAINED.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL
SEAL.
'J4 a w
• 'C
My Commission Expires:
b-5 -ao tG
OFFICIAL SEAL
KATHY SKARRITT
NOTARY PUBLIC. ARKANSAS RECEIVED
WASHINGTON COUNTY
COMMISSION EXP. 06/06/2013 MAR 15 2004
MY OF FAYEl TEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO.6 — RUPPLE ROW DEVELOPMENT
COMMISSIONER'S OATH OF OFFICE
11 JOHN NOCK, A COMMISSIONER OF FAYETTEVILLE MUNICIPAL
PRPERTY OWNERS' IMPROVEMENT DISTRICT NO. 6 — RUPPLE ROW
DEVELOPMENT, HEREBY SWEAR TO SUPPORT THE CONSTITUTION OF
THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF
ARKANSAS, TO DISCHARGE FAITHFULLY MY DUTY AS AN IMPROVEMENT
DISTRICT COMMISSIONER, AND TO NOT BE INTERESTED, DIRECTLY OR
INDIRECTLY, IN ANY CONTRACT LET "THE BO#f%P EXCEPT UPON THE
APPROVAL OF ALL THE OWNERS OF L PROPERTY IN THE DISTRICT.
NOCK
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ON THIS THE �� DAY OF MARCH, 2004, BEFORE ME THE
UNDERSIGNED OFFICER, PERSONALLY APPEARED JOHN NOCK, KNOWN
TO ME (OR SATISFACTORILY PROVEN) TO BE THE PERSON WHOSE
NAME IS SUBSCRIBED TO THE WITHIN INSTRUEMENT AND
ACKNOWLEDGED THAT HE EXECUTED THE SAME FOR THE PURPOSES
THEREIN CONTAINED.
IN WITNESS WHEREOF I HEREUNTO SET MY HAND AND OFFICIAL
SEAL.
1 �
1
My Commission Expires:
OFFICIAL SEAL
KATHY SKARRITT
NOTARY PUBLIC, ARKANSAS
WASHINGTON COUNTY
?OMMISSION EXP. 06105/2013 RECEIVED
MAR 15 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
r
NORTHWESTD• r•
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to the files of said publication, that advertisement of:
�541117 was inserted in the regular editions on
I
PO#
"" Publication Charge: $ N' &4
Subscribed and sworn to before me this
day of 2006.
Sharlene D. Williams
My Commission Expires: Notary Public
state of Arkansas
My Commission Expires
Please do not pay from Affidavit. October 18, 2014
An invoice will be sent.
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212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEvll I E, ARKANSAS 72702 • (501) 442-1700
ORDINANCO NO. FMB. SEE
1
1 AN•ORDINANCE.NI ESTABUSM AND LAY OFF
e -' evl le '
I AN ErTEMLLEORDINAN MUNICIPAL PROPFAND LAY FF f
IMPROVEMENT DISTRICT NO. 8 -RUFFLE RON
DEVELDPN'FN1• 1 ARKANSAS
I, WHEREAS, a Petition from FayenMIO MUNdpei,
1 pro," O ndra' IMrwernent Dlatrlot No. R- Ruppla
Row Development has been Ned with V1e FWettW30 Oty perk; and,
WNERBAS, the City Clark has fxesent ed Said POWOKio the Maya; a11d,
WHEREAS, Ark. Cade AM. Sea. 14-94-105.(2) provides that the Meer SW thereupon bet a data end
time, not later tnen 15 dayS after ilia date of TO presentation of the patltbn to ma mays, for a 1181"
before Me 9overdrg body for consideration Of it* petition; and, -
o� rRsnlp that tenose sl9M Ing said petition calett rf all the ovmara of the reel Properly to oe fProperty
la eiad In
said district: and, - es that it the 90vemdng body derannines Viet
WNEREA% Ark. Code Ann. Sao. 14.94-100(b)(2) ProM1
an of the owners of the real Property to be located In the district have petitioned fa fire hnprovenrente.
�^` an ana bet��� � re� N lay off "district as defined N V1e peVtlon and to
1 NOW1 THEREFORE, BR R ORDAINED BY THE CIPy COUNCIL OF PAYERB1fILLEr
ARIEANSASI I ' .
Seon 1; That the reel Plopeny deacibed In E#Yblt "A' attached Irereto and made a pert nReol Is
cti
hereby est bWW and laid oft as FayeneA0 MuddPal prap" Ov * Impraement District No. S-
Ruppla Row pa,.elpprnent b Vta P'pdaa of conarwan9 or melntaWn9 faculties for. wabilmo a, ream
( atlon, drelnaP, 9� pipeanea, unoeryound riaridlas arid arcevalbrre necessary far VIe insni; aeelloa of
dbJb" eye "- aedtery eaiere. slreet9 and N9r*waye:,t!duW9 Sand
electric and t.up ve tMwIW Wan facittlas related to arty of the 101e90N walla said d'strlpt.
j�tdof: JaNock RWWd AlerWWW eon Ryan C. lnomlar.
SectionM 3: The rortre a gold improver^onf dbMct snal be'.Foyenel9b MWedPal Property Qw+Iera'
Voproveme rl District No 8 - Rupple Row DWelOmeld.
iPASSED arrd APPROVED the the 2nd day of Merch. 2004.
I APPROVED:
S COODYs E10VW
ATTEST:
By:
SONDRA ENR'Hr Olgr DID*
.. EXHIBIT "A'
Tract Seven M of WHM lardy' a aubdMsian b fl»Oily at Feyenevllle; Aikensa9� av Per
Pat on file in Plot Book 17 at Page 102 among records In IN office of the Girton Clerk and EX-Ofadc
I Recorder of Was"ViOn County, Arkaneee. h
Ca
�z� iti /05
AFI�
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT
NO. 6- RUPPLE ROW DEVELOPMENT
AFFIDAVIT OF PUBLICATION OF
NOTICE OF FILING ASSESSMENT OF BENEFITS
/MPI AJ A4.
Aep li Aid
i d
g5q6
10
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
Counties of Washington
I,
that I am E -or
FAYETTEVILLE MUNICIPAL I
I PROPERTYOWNERS' I
IMPROVEMENT DISTRICT
NO.6- RUFFLE ROW
DEVELOPMENT
NOTICE OF FILING OF
ASSESSMENT OF
BENEFITS
Notice is hereby given
that the assessment of .
benefits and damages of
i Fayetteville Municipal
Property Owners' im-
provement No. 6- Rupple
Row Development has ,
been flied in the office of
the City Clerk of Fayette-
ville, Arkansas, where it is
open to inspection. All
persons wishing to be
!heard on said assessment'
will be heard by the com-
missioners and the asses
'sor of the district between
`,the hours of 10:00 a.m.I
and 4:00 p.m. in the con-
ference room for the of-
fice of District Counsel
'James N. McCord at 11 N. .
'West Avenue, Fayetteville,
Arkansas on the 30th day
:of December, 20D5.
/S/ Ryan C. Thornton
Secretary, Board I
of Commissioners'
December 22 and 29. 2005
do solemnly swear
of the Morning News of Northwest
Arkansas, a daily newspaper having a
general circulation in said counties,
and do solemnly swear the said
advertisement was published for
consecutive
M I<S in said
newspaper, the said publication
appearing:
• mmwomkvimm tr
day
of
day
of
day
of
day
of
day
of
Signed
1
Subscribed and sworn to me this Z2441 day of DeUVW6, 2C��
OFFICIAL SEAL
KATHY FRENCH
NOTARY PUBLIC -ARKANSAS
MADISON COUNTY
My commission expires:
Z
Publication Charge $ 11150 a 0
citary Public
F,�, jjj tqb
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 6- RUPPLE ROW DEVELOPMENT
AFFIDAVIT OF PUBLICATION
OF
NOTICE OF ENTRY OF TAX ORDER
0
AFFIDAVIT OF PUBLICATION
STATE OF ARKANSAS,
Counties of Washington
I,
that I am Ed her
PAYHTTB"^ r � MUNICIPAL P1tAPBRTY OWNERS• IIi4PROVHMEN•T DISTRICT
NO. 6-RUPpLH ROW DEVELOPMHNT .
NOTICH OF ENTRY OP TAX ORDER
+ Nodce is heroby given dTs[ the Boacd of Commissioners for Fayettwille Municipal
� ' ProPertY Owned' ImprovemenT District No. 6- Rt+PPIe Row DweloPTne*IT has entered
upon its records the tbLowing Order levying a tax upon the z'eai property,o£the Dis[ricc.
All PtaraoTts stFecLed by said Order are hereby warned Tbatthe Order shall beconw Hnal
unlew suit is brought fo wntost the Order wl<hin [bitty (30j days of <he date of drat
' publication of this Notice: '
PAYETTEVILLE MUNICIPAL PROPERTY OWNERS• tMPROVEM ENT
1 + 018TRI6T NO_ 6- RUPPLG ROW OCVELOPM ENT
� ORDER -
� AN ORDER A99E881Np THE VALUE OF BENGFIT9
TO BE RECENEO BY- EACN OR THE SEVERAL LOTS
OF LANp WITHIN , FAYETTEVtLL@ MUNICIPAL •
PROPERTY OWNERS• IMPROVEMENT Ot9TRtCT NO_ 9-
RIJPPL@ ROW DEVELOPMENT ANO ASBESSIN�•
TAXES THEREON
- WHERFJ.t3. all W Ina ProPenY holdara owning Property Ituated •ih'
FeYettevllls MunldPel Property Owners' IrnProvament OlsMct No. 6- RUPPIa Row
pevalgpmsnL (ens ••plstrlot") nave pa<itlonad Ina city Cpunoil of-Fayattavllla,
Ar/tanaas, [o form a- munlolpel property owners' improyemani district Tor fire
purpose oT constructlnQ and malntalnlnQ factlitlas Tor watarworKs,. ragraaLion.
dralnepe, Qes pipelines, and undal"Qround tranonaa and axcavationa naoacsary
for the InatalleLon of elaotrlo end telephone distribution ayawit sanitary sewers,
i<fa0[a IndUdlnQ CYrbB arld QYtfa r>!. iaaWa nd ldlKi, <OQathew Wltil (eCllltlea I'elated
to
enY PT ens TorapolnQ; and, - ..
WNERF-A3, the Clty Coundl oI Fayet<eVllla, ArKanaas has aatablla[tad Ilia
pistriet to aooOmpllin tna above purft by edopt&"Q Orclfnanea No_ 4646. on
March q, 2004; and, -
WHEREAS, <"a assessment oT behests has' been duly made by t"e
Assessor W the Olserlo . who was eppointa t by the Board of Com mlaaionens Of
tna Olstriet, .end filed In the oMos oI the City Cleric pursuant to law, once notice of
suc•Jt f111nQ.. west duly' Publlshad In The Momino "a M. As nawsP r having st
Qenorel olrculetlon in Feyat<svllle, Ancansaa, on the 22nd and 2fatn of paoambar,
2005; end
WHEREAS, on paoambar 30, 200S, tna Commlanlonara and Aaaeasor for
them District met at t"� place and at the titans nomad In said rwtloa as a- board a
aqueliz nut " end "aerd all Pomplalnta aQainat the asssaamants and aqu611zsd tna
same; and
WHEREAS, no protest of the a9sasiTenta was rasoaiVad: and
WHEREAS, the bsneflti recalvad by each and ovary blor-Jc, lot at" ' ar $
pf reel oitate ait"ated In t"e pl6triG[ ag al Or' aXCeed eha IOGaI a8808aman28
j enaraori: and
WHEREAS, [ha ast(ntatad oust W the impro M"ta to that platrict is
$480,903 axcluiive of oapitalizad tn[araat, a debt service raasrve fund and and coats
of flnanclnp;
WHE RF_As, Ina asassasd bansfita, (the "Asaaaaad BanaOta') arnoamt to
NOW, THEREFORE, BE IT ORDERED by Ina Boats of Commisalonars of
j Fayettavllla MYnlGpal Property Owners' Improvamant plstrlot No_6- RupplaRow
Oavalopmen<:
sac[ion 1t. That oacYl of eha iota of rest propaRy in t"e rliatriet be aa6asa9d 'i1Cd
aoEcrdl"Q to the aaiaaamsnt Ilst oT t"e Olstrlr_t, as aquallzsd, reflected on Exhiblt�
A' attached narato, and the Aasesaad B4m < is on goam t oT the tote anal) ba
r'allec[ed ea tsX by tna County Collsoter wit" Qaneral taxes bem ing due In
the Yaar 2007 artd annually tlaar+saRer at the Hato par annum oT 6.7% until rho
_whOle,a the.looal.eisasamant snail be pall.
I Subscribed and sworn to me this
OFFICIAL SEAL
KATHYFRENCH
NOTARY PUBLIC -ARKANSAS
MADISON COUNTY
My commission expires:
do solemnly swear
of the Morning News of Northwest
Arkansas, a daily newspaper having a
general circulation in said counties,
and do solemnly swear the said
advertisement was published for
in said
newspap6r, the said publication
appearing:
1v� i day of qml
day
of
day
of
day
of
day
of
day
of
day
of
►?tea �u,,,ti.-�
� S!ol
JJ
�
Publication Charge $ 1101H.50 TjQ� 5Sb
4 t1�y546
FAYETTEVILLE MUNICIPAL PROERTY OWNERS' IMPROVEMENT
DISTRICT NO.6- RUPPLE ROW DEVELOPMENT
ACTIONS OF BOARD OF
RECE1VED
MAR 2 7 200!�
i'M OF FAYETTEVRI
CPS'CLEW 5OFRM
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO.6-RUPPLE ROW DEVELOPMENT
BOARD OF COMMISSIONERS MEETING
March 16, 2004
The Board of Commissioners for Fayetteville Municipal Property Owners'
improvement District No.6-Rupple Row Development met at 1:00 p.m. on March
16, 2004, in the conference room for the offices of District Counsel James N.
McCord, 11 N. West Ave., Fayetteville, Arkansas. Present: Commissioners John
Nock, Richard Alexander and Ryan C. Thornton and District Counsel James N.
McCord.
District Counsel James N. McCordMcCord advised the Commissioners
the law provides the Board of Commissioners shall organize by electing one its
members as chairman and another as secretary. Richard Alexander moved that
John Nock be elected chairman. The motion was seconded by Ryan C. Thornton
and passed unanimously. John Nock then moved that Ryan C. Thornton be
elected secretary. The motion was seconded by Richard Alexander and passed
unanimously.
McCord advised the Commissioners the law provides for the Board to
appoint an assessor to assess the benefits which will accrue to the real property
within the district as a result of the improvements to be constructed. John Nock
moved that Stephen C. Cosby of Cosby & Associates, Inc. in Fayetteville be
appointed assessor for the District. The motion was seconded by Richard
Alexander and passed unanimously.
District Counsel James N. McCord presented a Reimbursement
Resolution to the Commissioners. Richard Alexander moved adoption of the
Reimbursement Resolution. The motion was seconded by John Nods and
passed unanimously. The Reimbursement Resolution adopted by the
Commissioners is attached hereto and made a part hereof.
There being no further business, the meeting was adjourned.
C.
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO, 6 — RUPPLE ROW DEVELOPMENT
RESOLUTION
A RESOLUTION EXPRESSING THE INTENT OF FAYETTEVILLE
MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 6
— RUPPLE ROW DEVELOPMENT TO REIMBURSE PRELIMINARY
COSTS PERTAINING TO THE PLANNING, DESIGN, SITE
PREPARATION, FINANCING AND CONSTRUCTION OF THE RUPPLE
ROW DEVELOPMENT PROJECT FROM THE PROCEEDS OF THE
ISSUANCE OF IMPROVEMENT DISTRICT BONDS
WHEREAS, Fayetteville Municipal Property Owners' Improvement District
No. 6 (the "District') intends to issue improvement district bonds (the "Bonds") to
finance Rupple Row Development (the "Project"); and,
WHEREAS, the District has determined that certain planning and design
tasks pertaining to the Project, including, but not limited to engineering studies,
feasibility studies, engineering design, site preparation and preliminary
construction work, may be performed and costs incurred prior to the issuance of
the Bonds; and,
WHEREAS, the District desires to express its intent to reimburse
preliminary Project costs from the proceeds of the Bonds, and desires to make
such reimbursement in compliance with Treasury Regulations Section 1.150-2;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the District:
Section 1. That the District intends to finance the project from the
issuance of its improvement district bonds (the "Bonds') in an amount not to
exceed $5,000,000 pursuant to the Constitution of the State of Arkansas and
under Ark. Code Ann. Secs. 14-94-101 et seq. (the "Act").
Section 2. That the District expects to incur preliminary Project costs
prior to the issuance of the Bonds, including, but not limited to engineering
studies, feasibility studies, engineering design, site preparation and preliminary
construction work; and, further, that the District expects to reimburse such
preliminary Project costs from the proceeds of the Bonds.
Section 3.
That
the preliminary
Project costs will initially be paid from
the
personal
funds
of the
Commissioners
of the District.
Section 4. That the District expects, pursuant to the Act, to pay debt
service on the Bonds from the assessment of benefits and other charges to be
derived as income from the Project.
ADOPTED AND APPROVED this -IL day of March, 2004.
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO.6 — RUPPLE ROW
By:
Commissioner
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 6-RUPPLE ROW DEVELOPMENT
BOARD OF COMMISSIONERS MEETING
October 18, 2004
The Board of Commissioners for Fayetteville Municipal Property Owners'
Improvement District No.6-Rupple Row Development met at 1:00 p.m. on
October 18, 2004, in the conference room for the offices of District Counsel
James N. McCord, 11 N. West Ave., Fayetteville, Arkansas. Present:
Commissioners John Nock, Richard Alexander and Ryan C. Thornton and
District Counsel James N. McCord.
The meeting was called to order by Chairman John Nock who then
presented plans and specifications for the Rupple Row Development
infrastructure dated September, 2004, prepared by Jorgensen & Associates, Inc.
for Nock Investments, LLC. Richard Alexander moved that the Board adopt those
plans and specifications as the District's own plans and specifications. The
motion was seconded by Ryan Thornton and passed unanimously.
There being no further business, the meeting was adjourned.
sub 'tied,
imton, Secretary
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO. 6-RUPPLE ROW DEVELOPMENT
BOARD OF COMMISSIONERS MEETING
December 1, 2005
The Board of Commissioners for Fayetteville Municipal Property Owners'
Improvement District No.6-Rupple Row Development met at 1:00 P.M. on
December 1, 2005, in the conference room for the offices of District Counsel
James N. McCord, 11 N. West Ave., Fayetteville, Arkansas. Present:
Commissioners John Nock, Richard Alexander and Ryan C. Thornton and
District Counsel James N. McCord.
District Counsel James N. McCord advised the Commissioners that
Steve Cosby was no longer providing improvement district assessor services.
Ryan Thornton moved that Lynn Gregson with Value Analysis Group, LLC be
appointed assessor for the district to assess the benefits which will accrue to the
real property within the district as a result of the improvements to be constructed
or installed. The motion was seconded by Richard Alexander and passed
unanimously.
There being no further business, the meeting was adjourned.
7Ily submi d,
RyanC.hornton, ecretary
FAYETTEVILLE MUNICIPAL PROERTY OWNERS' IMPROVEMENT DISTRICT
NO. 6- RUPPLE ROW DEVELOPMENT
BOARD OF COMMISSIONERS MEETING
December 30, 2005
The Board of Commissioners of Fayetteville Municipal Property Owners'
Improvement District No. 6- Rupple Row Development met on December 30, 2005, at
5:00 o'clock p.m. in the conference room at the offices District Counsel James N.
McCord, 11 N. West Ave., Fayetteville, Arkansas. Arkansas. Present: Commissioners
John Nock, Richard Alexander and Ryan Thornton and District Counsel James N.
McCord.
The meeting was called to order by Chairman John Nock who reported that today,
December 30, 2005, between the hours of 10:00 am. and 4:00 p.m. the Commissioners
and the Assessor for the district met to hear all persons wishing to be heard on the
Assessment of Benefits and no protest of the assessments was made.
District Counsel James N. McCord presented an order providing that there is
levied on the real property of the district a tax sufficient to pay the estimated cost of the
improvements with 101/o added for unforeseen contingencies, said tax being an annual
levy of 6.70 % of the assessment of benefits becoming due in the year 2007 and annually
thereafter. Ryan Thornton moved that the order be adopted by the Board of
Commissioners and entered upon the records of the board. The motion was seconded by
Richard Alexander and passed unanimously. A copy of the order entered by the Board of
Commissioners is attached hereto and made a part hereof.
District Counsel McCord presented a resolution prepared by Bond Counsel
headed "Resolution Authorizing Issuance Of The District's Series 2006 Improvement
Bonds, Approving The Form Of Pledge And Mortgage, Pledging Of The District's
Special Tax And Assessed Benefits, And The Approval And Authorization of Related
Actions". Richard Alexander moved adoption of the resolution. The motion was
seconded by Ryan Thornton and passed unanimously. A copy of the resolution adopted
by the Board is attached hereto and made a part hereof.
1 :� 1 1• 1 1 1 :1 1 1 1- II � 1 V
FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT
DISTRICT NO, 6- RUPPLE ROW DEVELOPMENT hfogIVEr) BY
ORDER JAN ? =
AN ORDER ASSESSING THE VALUE OF BENEFITS
�, a.ow
TO BE RECEIVED BY EACH OF THE SEVERAL LOTS a �rc�
OF LAND WITHIN FAYETTEVILLE MUNICIPAL
PROPERTY OWNERS' IMPROVEMENT DISTRICT NO.6-
RUPPLE ROW DEVELOPMENT AND ASSESSING
TAXES THEREON
WHEREAS, all of the property holders owning property situated in
Fayetteville Municipal Property Owners' Improvement District No. 6- Rupple Row
Development (the "District), have petitioned the City Council of Fayetteville,
Arkansas, to form a municipal property owners' improvement district for the
purpose of constructing and maintaining facilities for waterworks, recreation,
drainage, gas pipelines, and underground trenches and excavations necessary
for the installation of electric and telephone distribution systems, sanitary sewers,
streets including curbs and gutters, and sidewalks, together with facilities related
to any of the foregoing; and,
WHEREAS, the City Council of Fayetteville, Arkansas has established the
District to accomplish the above purposes by adopting Ordinance No. 4546 on
March 2, 2004; and,
WHEREAS, the assessment of benefits has been duly made by the
Assessor of the District, who was appointed by the Board of Commissioners of
the District, and filed in the office of the City Clerk pursuant to law, and notice of
such filing was duly published in The Morning News, a newspaper having a
general circulation in Fayetteville, Arkansas, on the 22nd and 29th of December,
2005; and
WHEREAS, on December 30, 2005, the Commissioners and Assessor for
the District met at the place and at the time named in said notice as a board of
equalization and heard all complaints against the assessments and equalized the
same; and
WHEREAS, no protest of the assessments was received; and
WHEREAS, the benefits received by each and every block, lot and parcel
of real estate situated in the District equal or exceed the local assessments
thereon; and
WHEREAS, the estimated cost of the improvements to the District is
$480,705 exclusive of capitalized interest, a debt service reserve fund and costs
of financing; and
WHEREAS, the assessed benefits (the "Assessed Benefits") amount to
$926,000.
NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of
Fayetteville Municipal Property Owners' Improvement District No.6- Rupple Row
Development:
Section 1. That each of the lots of real property in the district be assessed
according to the assessment list of the District, as equalized, reflected on Exhibit
"A" attached hereto, and the Assessed Benefits on each of the lots shall be
collected as a tax by the County Collector with general taxes becoming due in
the year 2007 and annually thereafter at the rate per annum of 6.7% until the
whole of the local assessment shall be paid.
Section 2. This Order shall have all the force of a judgement to be paid by
the real property in the District in proportion to the amount of the Assessed
Benefits as established herein and to be paid in annual installments as set forth
in Section 1 hereof and the taxes so levied shall be a lien upon the real property
in the District from the time of the date of this Order and shall be entitled to
preference over all demands, executions, encumbrances or liens whensoever
created, and shall continue until all such assessments, with any penalty, interest
or cost that may accrue thereon, shall have been paid.
entry.
Section 3. This Order shall be in full force and effect from and after its
ORDERED this 30th day of December, 2005.
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/ 188 Nods hvaWttanb LLC
152
148b
23 750
26,250
2 500
1 105 Nods hvabw9a LLC
153
1494
23750
28
2500
1 168 Nodt hvaWtwss LLC
154
149b
23.750
28
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1 166 Nods krvabwib LLC
156
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23 750
20 250
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1 168 Nod[ hvabrttb LLC
150
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23750
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157
151•
23750
28 50
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1 165 Nowt kwssbwft LLC
158
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23 750
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I 165 Nods hvabunb LLC
159
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2J 750
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1 188 Nods 4tvaWnattb LLC
160
152b
23750
28,250
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1 165 Nods kwaWanb, LLC
161
153m
23 750
28,250
2 500
1 188 Nods kwasbttanb LLC
162
153b
23,750
26,2W
2,500
1,296 168 Nods hvasmaths LLC
183
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33750
28
2
1,298 166 Nock hvabwtb, LLC
161
154b
23750
26
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1 165 Nodthwabunb LLC
185
155a
23750
26
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1 188 Nods Ytvaslrnsnb LLC
188
155b
23 750
28
2.500
1 188 Nodt hvabnartb LLC
167
156a
23,750
28 50
2 500
/ 188 Nods LLC
168
156b
23750
28
2
1296 186 Nods hvsWtwas LLC
169
157m
23750
28
2,500
1 188 Nods kwednwtb LLC
170
157b
23 750
28 50
2 500
1 188 Nods Ywabwts LLC
171
158a
23 750
28
2 500
1 168 Nods hvasbttanb LLC
172
158b
23,750
28
2,500
1 18B Nods bwasbaanb LLC
173
1500
23,750
28
2,500
1 165 Nods hvabnwib LLC
174
159b
23,750
28
2 500
1 168 Nock hvasbwtb LLC
175
180s
23 750
28
2 500
1 168 Nook bwabwAs, LLC
176
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23,750
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1 188 Nock brndmwb LLC
177
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237w
28
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1 18o Noek btiaWt>•tb LLC
178
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23750
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1-7
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23750
28 50
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1 168 Nods bwrabnan4 LLC
180
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23.750
28
2,5M
ling 18o Nods hvasbttatb LLC
181
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23 750
28
2,500
-
1 185 Nodt hva9nwsa LLC
182
163b
23 750
28
2,500
-
1 165 Nods bwab WO LLC
183
164
61 750
582W
8 500
3,30 435 Nods hvabwtb, LLC
184
185
81 750
88
6 500
3 369 436 Nock krvasbtrtb, LLC
185
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23 750
26 50
2 500
1 168 Nock hvaabwb, LLC
788
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23,750
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i �21*188 Nods hvasbtwtb LLC
187
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23,750
28 50
2 500
120 188 Nods hvabnab LLC
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23 750
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2 500
1 188 Nods kwodwwftl LLC
190
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23 750
28 50
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1 188 Nods hvab7wft LLC
191
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23 750
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1 165 Nods hvabnants LLC
192
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29 750
28 50
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1 168 Nods ktvawnatss LLC
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194
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195
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202
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23 750
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1 188 Nods btvaslffwft LLC
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4 of
FAYETTEVRLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT
NO. 6- RUPPLE ROW DEVELOPMENT
CERTIFICATE OF ASSESSOR
I, Lynn Gregson, state that I am the duly appointed Assessor for Fayetteville
Municipal Property Owners' Improvement District No. 6- Rupple Row Development,
and I hereby certify that attached hereto, marked Exhibit "A" and made a part hereof, is a
true and correct copy of the completed assessment book for said improvement district
which I prepared.
'iali
AUTHORIZING RESOLUTION AND
INCUMBENCY CERTIFICATE OF
FAYETTEVILLE MUNICIPAL PROPERTY
OWNERS' IMPROVEMENT DISTRICT NO.6 —
RUPPLE ROW DEVELOPMENT
RESOLUTION AUTHORIZING ISSUANCE OF THE
DISTRICT'S SERIES 2006 IMPROVEMENT BONDS,
APPROVING THE FORM OF PLEDGE AND
MORTGAGE, PLEDGING OF THE DISTRICT'S SPECIAL
TAX AND ASSESSED BENEFITS, AND THE APPROVAL
AND AUTHORIZATION OF RELATED ACTIONS
WHEREAS, FAYETTEVILLE MUNICIPAL PROPERTY OWNERS'
IMPROVEMENT DISTRICT NO. 6 — RUPPLE ROW DEVELOPMENT (the "District") was
formed by Ordinance Number 4546, adopted March 2, 2004 by the City Council of Fayetteville,
Arkansas pursuant to the Arkansas Constitution and the Arkansas Municipal Property Owners'
Improvement District Law; and
WHEREAS, on or about December 20, 2005, the District's Assessor filed of record the
District's Assessment Roll, which assessed against the real property described in EXHIBIT A
attached hereto and incorporated herein by this reference located within the District a benefit of
$926,000 derived by that real property (the District's "Assessed Benefits") because of certain
infrastructure improvements (the "Improvements") to be constructed by the District; and
WHEREAS, on or about December 20, 2005, the District levied against the Assessed
Benefits an annual tax of 6.700% (the District's "Special Tax") to be assessed by the Washington
County Assessor annually against the real property within the District and collected by the
Washington County Collector each year beginning in 2007 and continuing until the indebtedness
of the District is paid in full; and
WHEREAS, the District desires to finance the cost of the Improvement by the issuance
and sale of its $660,000 Improvement Bonds, Series 2006 (the District's "Series 2006 Bonds")
with the understanding that the Series 2006 Bonds shall accrue interest at a rate not to exceed
6.250% per year, shall mature no later than February 1, 2036, and the proceeds from the sale of
the Series 2006 Bonds shall (a) finance certain infrastructure and common area improvements to
benefit the land within the District, (b) pay the first three interest payments on the Bonds, (c)
establish and capitalize a debt service reserve fund, (d) establish and capitalize an administrative
fund, and (e) pay the costs of issuing the Bonds; and
WHEREAS, the District desires to collateralize the payment of the Series 2006 Bonds by
executing in favor of an indenture trustee for the benefit of the holders of the Series 2006 Bonds
a Pledge and Mortgage substantially in the form attached hereto as EXHIBIT B (the "Pledge and
Mortgage"), which mortgages to the payment of the Series 2006 Bonds the land within the
District subject to the lien of the Special Tax levied by the District against the District's Assessed
Benefit and pledges to the payment of the Series 2006 Bonds (a) the District's right and ability to
levy a tax against the Assessed Benefits currently or hereafter assessed against the real property
in the District; (b) the Special Tax, (c) Special Tax Receipts; (d) all prepayments of the Special
Tax made in accordance with Section 802 of the Pledge and Mortgage; (e) Funds (except for the
Rebate Fund); (f) the rights of the District to receive Special Tax payments from the cash flow
derived from certain escrow agreements pledged to the Trustee for the benefit of holders of the
Series 2006 Bonds, which are more fully described in those certain Collateral Assignment and
Security Agreements of even date herewith executed in favor of the Trustee; and (g) all other
property of every name and nature from time to time hereafter by delivery or by writing
mortgaged, pledged, delivered or hypothecated as and for additional security under the Pledge
and Mortgage by the District or by anyone on its behalf or with its written consent in favor of the
Trustee for the benefit of the holders of the Series 2006 Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT AS FOLLOWS:
1. Authorization of Series 2006 Bonds. The District be and hereby is authorized to
take any and all steps necessary or appropriate to issue and sell its Series 2006 Bonds to (a)
finance certain infrastructure and common area improvements to benefit the land within the
District, (b) pay the first three interest payments on the Bonds, (c) establish and capitalize a debt
service reserve fund, (d) establish and capitalize an administrative fund, and (e) pay the costs of
issuing the Bonds.
2. Execution of Pledge and Mortgage. The District be and hereby is authorized an
empowered to enter into and execute in favor of the trustee for the benefit of the holders of the
Series 2006 Bonds that certain trust indenture entitled Pledge and Mortgage to secure the
payment of the Series 2006 Bonds.
3. Pledge of Special Taxes and Assessed Benefits. The District be and hereby is
authorized to take any and all steps necessary or appropriate to pledge to the payment of the
Series 2006 Bonds all of the following: (a) the District's right and ability to levy a tax against the
Assessed Benefits currently or hereafter assessed against the real property in the District; (b) the
Special Tax, (c) the Special Tax Receipts; (d) all prepayments of the Special Tax made in
accordance with Section 802 of the Pledge and Mortgage; (e) Funds (except for the Rebate
Fund); (f) the rights of the District to receive Special Tax payments from the cash flow derived
from certain escrow agreements pledged to the Trustee for the benefit of holders of the Series
2006 Bonds, which are more fully described in those certain Collateral Assignment and Security
Agreements of even date herewith executed in favor of the trustee for the benefit of the holders
of the Series 2006 Bonds; and (g) all other property of every name and nature from time to time
hereafter by delivery or by writing mortgaged, pledged, delivered or hypothecated as and for
additional security under the Pledge and Mortgage by the District or by anyone on its behalf or
with its written consent in favor of the trustee for the benefit of the holders of the Series 2006
Bonds. The District hereby resolves that the Special Tax and the Assessed Benefit shall not be
modified, increased or decreased at this time, although the District reserves the rights modify the
Special Tax and the Assessed Benefit at future date in accordance with Arkansas law.
4. Engagement of Trustee. The District be and hereby is authorized to and does
hereby engage Bank of the Ozarks, located in Little Rock, Arkansas as trustee for the benefit of
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the holders of the Series 2006 Bonds pursuant to the terms and conditions contained in the
Pledge and Mortgage.
5. Engagement of Investment Bank. The District be and hereby authorized to and
does hereby engage American Municipal Securities, Inc. on an exclusive basis to perform
investment banking services for the District in connection with the proposed placement and
marketing of the Series 2006 Bonds. It is contemplated that American Municipal Securities, Inc.
and the District will enter into and execute a bond purchase agreement at a later time once the
final terms and conditions of the Series 2006 Bonds have been determined and agreed upon.
6. Facsimile Signatures. The Series 2006 Bonds shall be executed by the facsimile
signatures of the Commissioners of the District and shall have impressed or imprinted thereon
the seal of the District. The Series 2006 Bonds shall be in the form set forth in the Pledge and
Mortgage.
7. Bank Oualified Desi ng ation. The Series 2006 Bonds are hereby designated as
"qualified tax-exempt obligations" for the purposes of the internal Revenue Code of 1986
Section 265(b)(3). The District does not reasonably expect to issue more than Ten Million
Dollars in tax-exempt obligations during calendar year 2006.
8. Preliminary Official Statement Deemed Final. The Commissioners of the District
have reviewed the Preliminary Official Statement that has been prepared in connection with the
issuance of the subject bonds and does hereby deem said document to be final for the purposes of
Rule 15c2-12 of the Securities and Exchange Commission. The District hereby authorizes and
approves the use of said document in connection with the marketing and sale of the subject
bonds.
9. Severability. If any term, clause, sentence, section, or provision of this
Resolution or the form of Pledge and Mortgage shall be held or deemed to be illegal, inoperative,
or unenforceable, the same shall not affect any other term, clause, sentence, section, or provision
herein or therein contained or render either document invalid, inoperative, or unenforceable to
any extent whatsoever.
10, Incumbency of Commissioners. Any one of the following individuals, being duly
authorized Commissioners of the District, are hereby authorized to execute on behalf of the
District and modify as they may deem appropriate any and all documents which may be required
in order to issue and sell the Series 2006 Bonds: A n
NAME TITLE
John Nock Chairman
Ryan Thornton Secretary
Richard Alexander Commissioner
11. Formation Documents. The undersigned do hereby certify, attest and affirm that
attached hereto as EXHIBIT C are true and correct copies of the District's formation judgment
and all related formation, governmental and operational documents, and that said documents are
I: WHRWock Invesunents, LLORupple Row POID\Bond Documents\Audtorizing Bond Resolution v2.doc
not modified or amended otherwise than as reflected herein, and that the District is a lawfully
existing municipal property owners' improvement district formed pursuant to the provisions of
Arkansas Code Annotated, Sections 14-93-101, et seq.
The District adopted this Resolution at a
Municipal Property Owners' improvement District
December 30, 2005, and it remains in full force and e
duly convened meeting of Fayetteville
Nqq 6 — Rupple Row Development on
Secretary
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