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Ordinance 4546
0 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 w vA GC z � z 16 � --�WV1 Fe- L;;.�e 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. I Pf bl,eu-r,oAn 4AV&O t'.t 0) 459 212 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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MENOMONIE©KRJ mm MENOMINEE MIMMIRM m042,OW©� mm —IEMMMa m0NEEMEo©mom MINMIM mm m0 MEMENNISO©M MENEM ®®moo EMS ®429000 m042,000 m0��©� ... ■���clim m0�C7�7�7��'t1i^a 00solmomfol� F Munidpal ProWty Owns' linprovement Ustrkt No. 6 - Ruppie Row Arkansas Assasasd Vabr Asassad Vakr d EaWnsbd Cat dWgsHbrb LwWsAMDWAMM AnwYTs1 OwwdRsoad rNuwmbw L)alprYon 1460 23750 26 2 1 188 Nodt Vwssknada LLC 146b 23 750 26 I 1 168 Nods Mwabwft LLC 147a 23 750 26,2W 2 500 i 18a Nos kwasbwtb, LLC 147b 23.750 28 2.500 1295 188 Nook WAGW anb, LLC 157 148a 23750 20,250 2 / 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 2 1 166 Nods krvabwib LLC 156 150a 23 750 20 250 2 1 168 Nod[ hvabrttb LLC 150 150b 23750 26 2 - 1 18o Nods YnaWnanb LLC 157 151• 23750 28 50 2 1 165 Nowt kwssbwft LLC 158 151 b 23 750 20,250 2 I 165 Nods hvabunb LLC 159 152a 2J 750 26 2,500 1 188 Nods 4tvaWnattb LLC 160 152b 23750 28,250 2500 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 75Y 33750 28 2 1,298 166 Nock hvabwtb, LLC 161 154b 23750 26 2AW 1 165 Nodthwabunb LLC 185 155a 23750 26 2 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 100b 23,750 26 2 1 188 Nock brndmwb LLC 177 Iola 237w 28 2500 1 18o Noek btiaWt>•tb LLC 178 161b 23750 25t250 2500 1205 188 Nadt kwaWnarts LLC 1-7 1o2a 23750 28 50 2 1 168 Nods bwrabnan4 LLC 180 162b 23.750 28 2,5M ling 18o Nods hvasbttatb LLC 181 log 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 186s 23 750 26 50 2 500 1 168 Nock hvaabwb, LLC 788 188b 23,750 28 2 5W i �21*188 Nods hvasbtwtb LLC 187 187a 23,750 28 50 2 500 120 188 Nods hvabnab LLC 188 /07b 23 750 28 2.500 1 188 Nock hvabtwMs LLC lag I1 23,750 28 w 2 500 1 188 Nods kwodwwftl LLC 190 168D 23 750 28 50 2 500 1 188 Nods hvab7wft LLC 191 lak 23 750 28 2 500 1 165 Nods hvabnants LLC 192 189b 29 750 28 50 2 500 1 168 Nods ktvawnatss LLC 10.t 170s 237w ZB 2500 1 168 Nock kvwWtww LLC 194 170b 23 750 ?e 2 500 1 18o Nods YwaWttattb LLC 1 188 Ncwt kwaWtwaa LLC 195 171• 23750 28 2500 1 168 Nock hvab�wb LLC 198 171b 23 750 28 2 1 188 Nods Ywasbnattb LLC 197 172m 23 750 28 2,50D 1 Is$ Nock Vr4oWrW=. LLC 195 172b 23 750 28 50 2 500 1 165 Nods hvaWnanb, LLC 19B t I3a 23,750 28 50 2 S00 1 188 Nock bwasbnenb, LLC I00 179b 23,750 26 50 2,500 1 168 Nods hvabwss LLC 201 174 23 I50 28 50 2 500 1 168 Nods kwo*wss LLC 202 174b 23 750 28 50 2,500 - 1 Is$ Naak hvabwtb LLC 203 175a 23,750 26 50 2 500 1 188 Nock hvabliwtb LLC 204 17M 23,750 25,250 2,500 1 168 Nods Ywasbttanb LLC 205 1768 23,750 28 50 2 500 1 188 Nods btvaslffwft LLC 208 176b 23 750 2 500 1 188 Nods kwodmwft LLC i07 1772 23 750 2 500 1 188 Nods Yrvaabnatb LLC 208 177D 23,750 I500 1 168 Nodt hvpbwtb, LLC 209 178a 23,750 2 500 1 108 Nods kwaWiwft LLC211 310 178b 23 750 126�zw 2 500 1 188 Nods hvabwsa LLC 17" 23 750 2 500 1 80 Nock krvabnanb LLC213 213 179b 23,750 2 500 188 Nodt hvaWnanb, LLC 1800 23,750 2 1 188 Nodt kwabnarb LLC 214 100b 2 2 500 - 1 188 Nods hvabw0 LLC 215 18L 23 750 28 26.250 2500 1 168 Nowt hvabiwnb LLC 218 181b 23,750 2 500 / 188 Nodt kwasbrrnb LLC 217 182a 23,750 28 50 1 lag Nowt kwosvnw s,LLC 218 182b 23,750 20250 2 2 500 - 1 188 Nods hvasbtwtb LLC 219 783a 23 750 26 50 3d4 im IlErm 011�101 11, MIIII9m 11, IIIIIIIIII1011 111111118m IIIIIIIIEE� \ .11 ®IMEKSIM : 111 111 ,1, 11111111111211 MINE!� OEM® OEM® ©® ©® 11, 1.1 111 111 ompomsmmmmtm11111111111211 innom[BMINEICM11111111111111211 111111130311111111111211 MINIMUM nommEm�� MMEMEM IIIIIIIIEE� IIIIIIIIEE:I 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 2 I:\tiHRWock Investments, LLCAupple Row POID\Bond DoamentsV.udwriring Bond Resolution v2.doc 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 4 IAHHRWock InvMmts, LLORuPple Row POID\Bond DommenlsUudwrizing Bond Resolution v2.doc