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HomeMy WebLinkAbout2007-07-03 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting July 3, 2007 A meeting of the Fayetteville City Council will be held on July 3, 2007 at 6:00 PM in the District Court Room located at 100 W. Rock Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: No items were considered. 1. Legacy Pointe Preliminary Plat Extension: An ordinance to waive the one year expiration of the preliminary plat approved for Legacy Pointe Phase 5 and to grant a one year extension. THE CITY COUNCIL ADDED THIS ITEM TO THE AGENDA. THIS ITEM PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5030. B. UNFINISHED BUSINESS: 1. R-PZD 07-2551 (Champions Club Condos): An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2551, Champions Club Condos, located at the southwest corner of Razorback Road and 15th Street, east of the Crowne Apartments; containing approximately 4.42 acres; amending the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5031. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. Amend Chapter 161: Zoning Regulations: An ordinance amending Title XV: Unified Development Ordinance of the Code of Fayetteville to amend Chapter 161: Zoning Regulations in order to clarify language regulating the height stepback of buildings located in the Main Street Center Zoning District. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. THIS ITEM WAS TABLED TO THE JULY 17, 2007 CITY COUNCIL MEETING. C. PUBLIC HEARINGS: 1. Hotel Executive Transportation: A resolution granting a Certificate of Public Convenience and Necessity to Hotel Executive Transportation, LLC for the operation of five(5) to fifteen (15) limousines in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 120-07. 2. NWA Taxi: A resolution granting a Certificate of Public Convenience and Necessity to NWA Taxi, LLC the operation of five (5) to fifteen (15) taxicabs in the City of Fayetteville, Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 121-07. D. NEW BUSINESS: 1. Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke, Phase 1: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase 1 Subdivision Infrastructure Project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5032. 2. Reaffirm the City of Fayetteville's Adopted Policy — Highway 265: A resolution to reaffirm the City of Fayetteville's request that Highway 265 north of Mission Boulevard be constructed as a boulevard with bike lanes. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 122-07. 3. Air Cleaning Technologies Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase and installation of a Plymovant Vehicle Exhaust Removal System from Air Cleaning Technologies in the amount of $49,328.00 plus applicable taxes for Fire Station#3. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5033. 4. United Engines Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of a Generac Back-up Power Generator from United Engines in the amount of$28,000.00 plus applicable taxes for Fire Station #3. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5034. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 5. RZN 07-2602 (ARMAC/Hopmann): An ordinance rezoning that property described in rezoning petition RZN 07-2602, for approximately 0.18 acres, located at 28 South University Avenue from NC,Neighborhood Conservation, to MSC, Main Street Center. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5035. 6. VAC 07-2600 (Joyce Business Park): An ordinance approving VAC 07-2600 submitted by Steve Clark for property located at 2474 East Joyce Boulevard to vacate a portion of a utility easement within the subject property, a total of 0.023 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5036. 7. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District for the purposes of the noise ordinance. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. E. INFORMATIONAL: City Council Tour: July 2, 2007 Meeting adjourned at 9:05 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting July 3, 2007 } ` Subject: PAO Motion To: Motion By: Seconded: Rhoads Ferrell Lucas �✓ Jordan �, 15,p/f Gray Thiel Cook d C Allen 30 v PAO Mayor Coody Subject: �, l AA Motion To: Motion By: Seconded: Rhoads /` firm Ferrell Ak Lucas ✓ L/ Jordan ✓ Gray Thiel ✓ r Cook U � Allen ✓ AWL, Mayor Coody City Council Meeting July 3, 2007 Subject: Motion To: Motion By: Seconded: . Rhoads ell, Ferrell Lucas Jordan Gray Thiel Cook Allen Mayor Coody 661 Subject: /ISM r Motion To: 17/i 71 D EL Motion By: Seconded: Rhoads ' Ferrell Vt�� Lucas ordan y1 Gray Thiel V/ Cook Allen Mayor Cood ! ' Y Y City Council Meeting July 3, 2007 Subject: t' --rlk Motion To: Motion By: Seconded: 11 f Rhoads Ferrell I� Lucas c c Jordan Gray Thiel Cook ,0'r Allen Mayor Coody Subject: Ala) x ' Motion To: Motion By: CD®� Seconded: / � + Rhoads f Ferrell t,X Lucas l'TUt ` Jordan LX Gray Thiel Cook /I`` Allen Vq Mayor Coody 9_p i City CouncilMeeting July 3, 2007 Subject: ' ��� € lC Motion To: Motion By: Seconded: Rhoads ✓ �/ ,/ Ferrell NLucas 4/ (Swf Jordan Gray ,/ ,/ ✓ Thiel Cook ✓ r/ y Allen Mayor Coody � S Subject: Jr A - ��� p ` Motion To: �Q.-�-� T� 7 �7 l 7 All <o [" ® v Motion By: Seconded: en Rhoads PFerrell ucasJLucas'---- Jordan ordan Gray Thiel Cook Allen Mayor Coody City Council Meeting July 3,2007 Subject: OG,� Mama0 Motion To: � 1 � Motion By: Seconded: J /�, X Rhoads a � Ferrell i✓ / N Lucas whz` / Jordan Gray Thiel77— �/ ✓ ✓ Cook Ito AA,i A Allen oJ� Mayor Coody - 0 Subject: WV�l7� 6mt,m,?/� Motion To: `I &IL Motion By: aty �1 ,104 Owl- Seconded: Rhoads �/ �/ ✓ Ferrell ✓ �/ ✓ Lucas Jordan �/ t✓ �/ Gray Thiel ✓ �✓ Cook Allen Mayor Coody �l City Council Meeting July 3, 2007 Subject: R Z Al ' 14P Motion To: P /I Motion By: Seconded: - Rhoads Ferrell ,� ✓ ,/ N Lucas Jordan Gray Thiel Cook .5 �.. Allen 7 rMayorCoody Subject: Motion To: p�A � - G �v-G 'on OJ Motion By: Seconded: Rhoads ✓ Ferrell �/ ✓ Lucas y Jordan �' i/' ✓ Gray �✓ `/� Thiel ✓� ✓ P Cook Allen �j3(� Mayor Coody City Council Meeting July 3, 2007 Subject: r ' Motion To: Motion By: Seconded: q Rhoads Ferrell Lucas Jordan d Gray A � Thiel ry Cook Allen Mayor Coody Subject: Motion To: / i Motion By: Seconded: \ Rhoads Ferrell Lucas ] Jordan Gray r/ Thiel Cook Allen Mayor Coody Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting July 3, 2007 A meeting of the Fayetteville City Council will be held on July 3, 2007 at 6:00 PM in the District Court Room located at 100 W. Rock Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: No items to consider. B. UNFINISHED BUSINESS: 1. R-PZD 07-2551 (Champions Club Condos): An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2551, Champions Club Condos, located at the southwest corner of Razorback Road and 15t1i Street, east of the Crowne Apartments; containing approximately 4.42 acres; amending the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. 2. Amend Chapter 161: Zoning Regulations: An ordinance amending Title XV: Unified Development Ordinance of the Code of Fayetteville to amend Chapter 161: Zoning Regulations in order to clarify language regulating the height stepback of buildings located in the Main Street Center Zoning District. This ordinance was Left on the Second Reading at the June 19, 2007 C Council meeting. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org C. PUBLIC HEARINGS: 1. Hotel Executive Transportation: A resolution granting a Certificate of Public Convenience and Necessity to Hotel Executive Transportation, LLC for the operation of five (5) to fifteen (15) limousines in the City of Fayetteville, Arkansas. 2. NWA Taxi: A resolution granting a Certificate of Public Convenience and Necessity to NWA Taxi, LLC the operation of five (5) to fifteen (15) taxicabs in the City of Fayetteville, Arkansas. D. NEW BUSINESS: 1. Fayetteville Municipal Property Owners' Improvement District No. 19 - Oakbrooke, Phase 1: An ordinance to establish and lay off Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase 1 Subdivision Infrastructure Project. 2. Reaffirm the City of Fayetteville's Adopted Policy — Highway 265: A resolution to reaffirm the City of Fayetteville's request that Highway 265 north of Mission Boulevard be constructed as a boulevard with bike lanes. 3. Air Cleaning Technologies Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase and installation of a Plymovant Vehicle Exhaust Removal System from Air Cleaning Technologies in the amount of $49,328.00 plus applicable taxes for Fire Station#3. 4. United Engines Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of a Generac Back-up Power Generator from United Engines in the amount of$28,000.00 plus applicable taxes for Fire Station #3. 5. RZN 07-2602 (ARMAC/Hopmann): An ordinance rezoning that property described in rezoning petition RZN 07-2602, for approximately 0.18 acres, located at 28 South University Avenue from NC,Neighborhood Conservation, to MSC, Main Street Center. 6. VAC 07-2600 (Joyce Business Park): An ordinance approving VAC 07-2600 submitted by Steve Clark for property located at 2474 East Joyce Boulevard to vacate a portion of a utility easement within the subject property, a total of 0.023 acres. 7. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District for the purposes of the noise ordinance. E. INFORMATIONAL: City Council Tour: July 2, 2007 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B.2 Amend Chapter 161:Zoning Regulations Page 1 of 4 PROPOSED AMENDMENT MAIN STREET CENTER 0' 15' 30' 1 " = 30' 15' or BUILDING 'A' greater setback --�, 6 stories 84' max. height BUILDING 'B' 15' setback ti 4 stories 56' max. height =yy F . M 4 4y pyf J/1, i IiVia,� A�9 B.2 Amend Chapter 161:Zoning Regulations Page 2 of 4 CURRENT ORDINANCE MAIN STREET CENTER 0' 15' 30' 1 " = 30' 15' or BUILDING 'A' greater setback �� BUILDING 'B' 6 stories 84' max. - height 15' setback 4 stories 56' max. height xrni s z* c t rry u,r t t yv y O x� A� 9 CSO T� 9� O B.2 A Ankc@hapter 161:Zoning Regulations N s u z A Page 3 of 4 a ° N in m s No m Z i � o O O1 A 3 � 1 00s z m c 's€'ss's s>x t= z W. ;ise.i.a m m 0 z c> Ci A z 0 N 3U O K N O m '0 m z sm $ D Z :<$o ;<$' .: a..:< m iii: :•:•• • • • • Z S i 7 i:::::•:•:•:•:•:• O U o m Of AJ9 -p Q III//_fin•. .• m zi.m�3 F o sa.c ••• 'r�J \ � m 6 M� S N N O O J J O m O s BOO m m .�.N B.2 Amend Chapter 161:Zoning Regulations Page 4 of 4 09 f' D. 1 Fayetteville unicipaI Property Owner's Improvment District No. 19 City of Fayetteville Page 1 of 14 Staff Review Form City Council Agenda Items or Contracts July 3, 2007 City Council Meeting Date Sondra Smith/Amber Wood City Clerk City Clerk Submitted By Division Department Action Required: An ordinance to establish Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase 1 Subdivision Infrastructure Project. This petition is being filed under the Arkansas Municipal Property Owners' Improvement District law. Arkansas Code Ann. Sec. 14-94-101 et seq. The petition is being filed by James N. McCord on behalf of the Improvement District. N/A N/A N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item N/A Budget Adjustment Attached NIA Previous Ordinance or Resolution# Department Director ate Original Contract Date: Original Contract Number: City A orney Date Received in Ci Clerk's ni ffice Mow, Financ and Internal Service Director JD Received in Mayor's Office Mayor Date Comments: D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 a e ev 1 Paget of 14 ARKANSAS JUN 2 6 2007 113WestMountain CITY OF FAYETTEVILLE Fayetteville,AR 72761 MAYOR'S OFFICE Telephone:(479)575-8323 Fax:(479)718-7695 city—clerk@ci.fayetteville.ar.us City Clerk/Treasurer Division June 26, 2007 Honorable Dan Coody, Mayor City Administration Building 113 W. Mountain Fayetteville,AR 72701 RE: Petition to form Fayetteville Municipal Property Owners' Improvement District No. 19 Oakbrooke, Phase 1 Subdivision Infrastructure Project 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. 19—Oakbrooke, Phase 1 Subdivision Infrastructure Project 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, TT Amber Wood Deputy City Clerk cc: Kit Williams, City Attorney James N. McCord D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 JAMES N. McCORD Page 3 of 14 Attorney at Law 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 521-6733 Hmmccordlaw@alltel.net June 25, 2007 Sondra Smith Fayetteville City Clerk City Administration Building 113 W. Mountain Street Fayetteville,AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners Improvement District No. 19- Oakbrooke Subdivision Project Dear Ms. Smith, On April 6, 2007, I filed in the office of the Fayetteville City Clerk a petition to form Fayetteville Municipal Property Owners Improvement District No. 19- Oakbrooke Subdivision Project. That petition is hereby withdrawn. Sincerely, ames N. McCord cc: Kit Williams, City Attorney RECEIVED JUN 2 6 2007 CITYOF FAYETfEV'-._ CITY CLERK'S OFf-'% D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 JAMES N. McCORD Page 4 of 14 Attorney at Law 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 521-6733 i immccordlawC�Dalltel.net June 25, 2007 Sondra Smith VIA HAND DELIVERY Fayetteville City Clerk City Administration Building 113 West Mountain Street Fayetteville,AR 72701 Re: Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 19-Oakbrooke,Phase ISubdivision Infrastructure Project Dear Ms. Smith: Enclosed for filing in the office of the Fayetteville City Clerk are three executed counterparts of a Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 19-Oakbrooke,Phase I Subdivision Infrastructure Project. Please file mark each Petition,retain one for the City's permanent file and for presentation to the Mayor, and return the other counterparts 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. 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. (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. REC)[vE® JUN 2 6 2007 CITY OF FAYEWEVILLE CITY CLER:t'^a OFFICE D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 5 of 14 (2) 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 named in the petition. r * � (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 filing in the office of the City Clerk, is an executed Abstracter's Certificate certifying that the improvement district petition is signed by the owner of the record title to all the real property described in the Petition. I have drafted and enclose an ordinance which would establish the 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 developer must comply with all city development ordinances. The completed infrastructure improvements are dedicated to the city. The improvement district issues special assessment bonds,bond proceeds are used to construct or purchase the improvements,the district levies an annual tax on each lot in the district to pay debt service on the bonds,the annual taxes are collected by the county tax collector and paid to the bond trustee, and the trustee makes debt service payments to the bondholders. Oakbrooke,Phase I will have 68 lots on 20.882 acres located adjacent to the west side of Rupple Road north of Wedington Drive. Should there be any questions,please contact me. Sincerely, Ps N. McCord pc: Hon. Dan Coody, Mayor Kit Williams, City Attorney D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 6 of 14 ORDINANCE NO. AN ORDINANCE TO ESTABLISH AND LAY OFF FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 19 — OAKBROOKE, PHASE I SUBDIVISION INFRASTRUCTURE PROJECT WHEREAS, a Petition to form Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I Subdivision Infrastructure Project has been filed with the Fayetteville City Clerk; and WHEREAS,the City Clerk has presented said petition to the Mayor; and WHEREAS, the Mayor has set July 3, 2007, at 6:00 p.m. as the date and time for a hearing before the Fayetteville City Council for consideration of said petition; and WHEREAS,the Fayetteville City Council has determined from an abstracter's certificate of property ownership that those signing the petition constitute all the owners of the real property to be located in the district; and WHEREAS, the Arkansas Municipal Property Owners' Improvement District Law provides at Ark. Code Ann. Sec. 14-94-106(b)(2) that if the governing body determines that all the owners of the record title to 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 named in the petition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 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. 19- Oakbrooke, Phase I Subdivision Infrastructure Project for the purpose of constructing, purchasing, accepting as a gift or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities 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, or for more than one of those purposes. 1 D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 7 of 14 Section 2: The following three individuals are hereby appointed as commissioners of said improvement district: Tracy K. Hoskins, L. Celeste Hoskins and Glenda J. Harp. Section 3: The name of said improvement district shall be Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I Subdivision Infrastructure Project. Section 4: The district shall not cease to exist upon the acquiring, constructing or completion 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. PASSED and APPROVED this 3rd day of July, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 8 of 14 EXHIBIT "A" LEGAL DESCRIPTION-OAKBROOKE PHASE I A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE FRACTIONAL SECTION 1, TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY ONE (31) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2°17'42"E 1069.16 FEET; THENCE S87°49'42"E 428.22 FEET; THENCE S87009'15"E 271.79 FEET; THENCE S02°17'42"W 385.47 FEET; THENCE S87042'18"E 115.00 FEET; THENCE S02°17'42"W 452.00 FEET; THENCE S87°42'18"E 109.00 FEET; THENCE S81°31'56"E 50.29 FEET; THENCE S87°10'33"E 118.38 FEET; THENCE S02049'27"W 173.53 FEET: THENCE S87°10'42"E 254.30 FEET; THENCE S25022'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87010'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.882 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. 3 D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 14 NOTICE YOUR SIGNATURE HEREON SHOWS THAT YOU FAVOR THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT. IF THE DISTRICT IS FORMED , YOU MAY BE CHARGED FOR THE COSTS OF THE IMPROVEMENTS. BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 19- OAKBROOKE, PHASE I SUBDIVISION INFRASTRUCTURE PROJECT For their petition to form Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I Subdivision Infrastructure Project, the undersigned petitioners state: 1. Petitioners are the record title owner 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 established and laid off into a municipal property owners' improvement district pursuant to Ark. Code Ann. Sec. 14-94-101 et seq. for the purpose of constructing, purchasing, accepting as a gift RECEIVED JUN 2 6 2001 X17�F FAYErYEViLLE +11' LER{SCr D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 10 of 14 or maintaining facilities for waterworks, recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities 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, or for more than one of those purposes. 3. Petitioners desire that the district shall not cease to exist upon the acquiring, constructing or completion 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 individuals, pursuant to Ark. Code Ann. 14-94-105(a)(2)(B), as designated representatives of Petitioner to be appointed as commissioners of the district: Tracy K. Hoskins, L. Celeste Hoskins and Glenda J. Harp. 5. Petitioners propose that the name of the district be Fayetteville Municipal Property Owners' Improvement District No. 19- Oakbrooke, Phase I Subdivision Infrastructure Project. WHEREFORE, the undersigned Petitioners hereby 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. 19- Oakbrooke, Phase I Subdivision Infrastructure Project for the purpose of D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 11 of 14 constructing, purchasing, accepting as a gift or maintaining facilities for waterworks recreation, drainage, gas pipelines, underground trenches and excavations necessary for the installation by public utilities or municipal utilities of electricity and telephone distribution systems, sanitary sewers, streets including curbs and gutters, and sidewalks, together with facilities related to any of the foregoing, or for more than one of those purposes. DATED this 25th day of June, 2007. Family Jewels, LLC Oakbrooke Family 5, LLC An Arkansas li i d liability cc any An Arkansa ' ed liability c pan B : cy <ins, Manag By: TraK Hos ins, anager Oakbr ce Family , LC An A ansa limited Iia ility company Oakbrooke Family 6, LLC An Ark a as 1Yrrn liabi company ra Hoskins, Wnager ZME7 r cy oskins, nager pany Oakbrooke Family 7, LLC V' AZRafty d companyOakbrooke Family 3, LLC By: An Arkan li 'ted-lability company skf nager By: ra oskins, anager Oakbrooke Family 4, LLC An Arkansas li ited liability company ac s<in , anager D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 12 of 14 EXHIBIT"A" LEGAL DESCRIPTION-OAKBROOKE PHASE I A PART OF THE SOUTH HALF (S1/2)OF THE SOUTHEAST QUARTER(SE 1/4) OF THE FRACTIONAL SECTION 1,TOWNSHIP SIXTEEN (16)NORTH,RANGE THIRTY ONE (31) WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EIGHTY (80) ACRE TRACT; THENCE NO2°17'42"E 1069.16 FEET;THENCE S87149'42"E 428.22 FEET; THENCE S87009'15"E 271.79 FEET; THENCE S02°17'42"W 385.47 FEET; THENCE S87042'18"E 115.00 FEET; THENCE S02°17'42"W 452.00 FEET;THENCE S87042'1 8"E 109.00 FEET; THENCE S81°31'56"E 50.29 FEET;THENCE S8710'33"E 118.38 FEET; THENCE S02049'27"W 173.53 FEET: THENCE S87°10'42"E 254.30 FEET; THENCE S25°22'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87°10'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.882 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 13 of 14 BEFORE THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS PETITION TO FORM FAYETTEVILLE MUNICIPAL PROPERTY OWNERS' IMPROVEMENT DISTRICT NO. 19- OAKBROOKE, PHASE I SUBDIVISION INFRASTRUCTURE PROJECT ABSTRACTER'S CERTIFICATE OF PROPERTY OWNERSHIP Bronson Abstract Company, Inc. hereby certifies that the deed records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, reflect that the following is the owner of the record title to all of the real property described in Exhibit "A' to the Petition to Form Fayetteville Municipal Property Owners' Improvement District No. 19 — Oakbrooke, Phase I Subdivision Infrastructure Project, a copy of which Exhibit "A" is attached hereto and made a part hereof: Family Jewels, LLC; Oakbrooke Family 1, LLC; Oakbrooke Family 2, LLC; Oakbrooke Family 3, LLC; Oakbrooke Family 4, LLC; Oakbrooke Family 5, LLC; Oakdbrooke Family 6, LLC; Oakbrooke Family 7-, LLC DATED this ')- �day of June, 2007. Bronson Abstract Company, Inc. AUTHORIZED REPRESEI� ATIVE REDE.iVED JUN 2 u 2007 CIN OF FAYETTEVILLE ..rry?;LC-v'rr rr Wr D. 1 Fayetteville Municipal Property Owner's Improvment District No. 19 Page 14 of 14 EXHIBIT"A" LEGAL DESCRIPTION-OAKBROOKE PHASE I A PART OF THE SOUTH HALF (S1/2) OF THE SOUTHEAST QUARTER(SE 1/4) OF THE FRACTIONAL SECTION 1, TOWNSHIP SIXTEEN (16)NORTH, RANGE THIRTY ONE(3 1) WEST, WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EIGHTY(80)ACRE TRACT; THENCE NO2'1 7'42"E 1069.16 FEET; THENCE S87°49'42"E 428.22 FEET; THENCE S87009'15"E 271.79 FEET;THENCE S02°17'42"W 385.47 FEET; THENCE S87042'18"E 115.00 FEET; THENCE S02017'42"W 452.00 FEET; THENCE S87042'18"E 109.00 FEET; THENCE S81°31'56"E 50.29 FEET; THENCE S87°10'33"E 118.38 FEET; THENCE S02049'27"W 173.53 FEET: THENCE S87'1 0'42"E 254.30 FEET; THENCE S25022'44"W 64.97 FEET TO THE SOUTH BOUNDARY OF SAID 80 ACRE TRACT; THENCE N87°10'42"W 1319.64 TO THE POINT OF BEGINNING AND CONTAINING 20.882 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS.