Springdale City Council Regular Meeting Tuesday, August 22, 2017

Next scheduled Committee Meeting will be held in the Multi-Purpose Room #236, 201 Spring Street, Springdale, AR • Monday, August 28, 2017, 5:30 p.m. is the next Committee meeting. . Committee agendas will be available on Friday, August 25, 2017.

SPRINGDALE CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 22, 2017

5:55 p.m. Pre Meeting Activities

Pledge of Allegiance Invocation – MIKE LAWSON

6:00 p.m. OFFICIAL AGENDA

1. Large Print agendas are available.

2. Call to Order – Mayor Doug Sprouse

3. Roll Call – Denise Pearce, City Clerk

Recognition of a Quorum.

4. Update on the Criminal Justice Complex by Roy Decker, Duvall Decker Architects.

5. Comments from Citizens

The Council will hear brief comments from citizens during this period on issues not on the agenda. No action will be taken tonight. All comments will be taken under advisement.

6. Approval of Minutes - August 8, 2017 (3-15)

7. Procedural Motions

A. Entertain Motion to read all Ordinances and Resolutions by title only.

B. Entertain Motion to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for ordinances listed on this agenda as item numbers.9; 10; 11; 12; 13; 14; 17a; 22 (Motion must be approved by two-thirds (2/3) of the council members).

8. A Public Hearing on a petition to abandon a portion of a utility easement located at 1672 S. 48th Street.

9. An Ordinance releasing, vacating, and abandoning a portion of a utility easement located on property in. Springdale, Washington County, Arkansas, to declare an emergency and for other purposes. Item to be presented by Ernest Cate, City Attorney. (16-18)

10. An Ordinance amending Ordinance No. 5196 (amending Section 90-31 of the Code of Ordinance of the City of Springdale, Arkansas) To add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (19)

11. An Ordinance amending Ordinance No. 5197 (amending Section 56-39 of the Code of Ordinance of the City of Springdale, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (20)

12. An Ordinance amending Ordinance No. 5198 (amending Section 98-3 of the Code of Ordinance of the City of Springdale, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (21)

13. An Ordinance amending Ordinance No. 5201 (authorizing the City Clerk to file a clean-up lien for the removal of overgrown brush and debris on a property located within the City of Springdale, Washington County, Arkansas) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney.(22)

14. An Ordinance amending Ordinance No. 5200 (to waive competitive bidding for the purchase of Gridsmart Traffic Video Detection Systems) to add an emergency clause. Item to be presented by Ernest Cate, City Attorney. (23)

15. A Resolution recognizing the "2017 Bikes, Clues and BBQ" event as a City approved special event. Item to be presented by Ernest Cate, City Attorney. (24)

16. A Resolution authorizing the Mayor and City Clerk to enter into a franchise agreement with Windstream Services, LLC, ("Windstream") for the providing of communications network services pursuant to Ark. Code Ann. §14-200-101, et seq. Item to be presented by Ernest Cate, City Attorney (25-32)

17. Planning Commission Report and Recommendations by Patsy Christie, Director of Planning:

A. An Ordinance amending Ordinance No. 3307 the same being the Zoning Ordinance of the City of Springdale, Arkansas, and the plat pertaining thereto by rezoning certain lands from Agricultural District (A-1) to General Commercial District (C-2) and declaring an emergency. (SE corner of Graham & Apple Blossom) (33-36)

B. A Resolution approving a conditional use on the east side of Robbins Road, North of Fair Lane for Hillwood Properties as set forth in Ordinance No. 4030. (37-38)

18. Street & CIP Committee Report and Recommendations by Chairman Rick Evans:

A Resolution authorizing the execution of a contact amendment for professional services. Deans Trail. (39-46)

19. Finance Committee Report and Recommendations by Chairman Jeff Watson:

A Resolution amending the 2017 budget of the City of Springdale Administration. Committee recommended approval. (47)

20. Health, Sanitation & Property Maintenance Committee Report and Recommendations by Chairman Jim Reed:

A. A Resolution authorizing the grant of a water/sewer easement to the Springdale Water and Sewer Commission across property owned by the City of Springdale, Arkansas (Parcel No. 815-29544-001, Springdale, Washington County, Arkansas). Committee recommended approval. (48-53)

B. A Resolution authorizing the grant of a water/sewer easement to the Springdale Water and Sewer Commission across property owned by the City of Springdale, Arkansas (Parcel No. 785-18034-000, Washington County, Arkansas). Committee recommended approval. (54-59)

21. Parks & Recreation Committee Report and Recommendations by Chairman Mike Lawson:

A Resolution authorizing the execution of an amendment to lease with American Towers, LLC. Committee recommended approval. (60-74)

22. An Ordinance authorizing the City Clerk to file a Clean-Up Lien for the removal of overgrown brush and debris on property located within the City of Springdale, Washington County, Arkansas. Item presented by: Ernest Cate, City Attorney. (75-123)

23. Comments from Department Heads.

24. Comments from Council Members.

25. Comments from City Attorney.

26. Comments from Mayor.

27. Adjournment.

SPRINGDALE CITY COUNCIL AUGUST 8, 2017

The City Council of the City of Springdale met in regular session on August 8, 2017, in the City Council Chambers, City Administration Building. Mayor Doug Sprouse called the meeting to order at 6:00p.m.

Roll call was answered by:

Doug Sprouse Mayor Rick Culver Ward 3 (Absent) Jeff Watson Ward 3 (Absent) Mike Overton Ward 2 (Absent) Colby Fulfer Ward 1 Mike Lawson Ward4 Rick Evans Ward2 Jim Reed Ward 1 Kathy Jaycox Ward4 Ernest Cate City Attorney Denise Pearce City Clerk/Treasurer

Department heads present:

Mike Peters Police Chief Jimmy Vaughan Fire Division Chief Patsy Christie Planning Director Mike Chamlee Buildings Director Melissa Reeves Public Relations Director Brad Baldwin Engineering Director Wyman Morgan Director of Financial Services SamGoade Public Works Director Gina Lewis Human Resources Director Courtney Kremer Animal Services Director

REPORT ON ECONOMIC DEVELOPMENT

Perry Webb, Executive Director of the Springdale Chamber of Commerce, gave a 2nd Quarter 201 7 report on economic development in the City of Springdale. (Report on file in City Clerk's Office)

AGENDA ITEM MOVED

Alderman Lawson made the motion to move item 14 (Resolution) up on the agenda to item 7C. Alderman Jaycox made the second.

The vote:

Yes: Fulfer, Lawson, Evans, Reed, Jaycox

No: None

APPROVAL OF MINUTES

Alderman Reed moved the minutes of the June 27, 2017, July 11, 2017 and July 25, 2017 City Council meetings be approved as presented. Alderman Evans made the second.

There was a voice vote of all ayes and no nays.

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ORDINANCES AND RESOLUTIONS READ BY TITLE ONLY

Alderman Reed made the motion to read all Ordinances and Resolutions by title only and to dispense with the rule requiring that ordinances be fully and distinctly read on three (3) different days for all items listed on this agenda. Alderman Jaycox made the second.

The vote:

Yes: Lawson, Evans, Reed, Jaycox, Fulfer

No: None

Mayor Sprouse voted yes. Motion carried.

RESOLUTION NO. 64-17 - APPOINTING MITCHELL JOHNSON TO THE NORTHWEST ARKANSAS AIRPORT AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF RESIGNING AUTHORITY MEMBER MIKE MCFARLAND; TERM TO EXPIRE ON JANUARY 1, 2023

Mayor Sprouse presented a Resolution appointing Mitchell Johnson to the Northwest Arkansas Airport Authority to complete the unexpired term of resigning authority member Mike McFarland, term to expire on January 1, 2023.

RESOLUTION NO.

A RESOLUTION APPOINTING MITCHELL JOHNSON TO THE NORTHWEST ARKANSAS AIRPORT AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF RESIGNING AUTHORITY MEMBER MIKE MCFARLAND; TERM TO EXPIRE ON JANUARY 1, 2023.

WHEREAS, Mike McFarland has been serving on the Northwest Arkansas Airport Authority and submitted his resignation effective March 30th, 2017;

WHEREAS, the Mayor has recommended that Mitchell Johnson be appointed to the Northwest Arkansas Regional Airport Authority to complete the unexpired term of Mike McFarland, term to expire January 1, 2023;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINDALE, ARKANSAS that effective August gt\ 2017, Mitchell Johnson is hereby appointed to cotnplete the unexpired term of authority member Mike McFarland, term to expire on January 1, 2023.

PASSED AND APPROVED this __ day of August, 2017.

Doug Sprouse, MAYOR

APPROVED:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest Cate, City Attorney

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Alderman Reed moved the Resolution be adopted. Alderman Lawson made the second.

The vote:

Yes: Evans, Reed, Jaycox, Fulfer, Lawson

No: None

The Resolution was numbered 64-17.

ORDINANCE NO. 5196 - AMENDING SECTION 90-31 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS (BOARD OF ZONING ADJUSTMENT/BOARD OF ADJUSTMENT)

Alderman Jim Reed presented an Ordinance amending Section 90-31 of the Code of Ordinances of the City of Springdale, Arkansas (Board of Zoning Adjustment/Board of Adjustment).

Section 90-31 contains the provisions regarding the procedure to be used when the Springdale Planning Commission, operating as the Board of Adjustment, hears certain types of variance requests, other than those variances sought pursuant to Chapter 130 of the Code of Ordinances of the City of Springdale, Arkansas.

The City Council finds that in order to simply the process, and to make the process clearer to the general public, that these variance procedures should be enumerated within the applicable sections of the Code of Ordinances and that Section 90-31 should be amended to read as follows:

Sec. 90-31. PFaeeduFe faF vaFiaoee Fequestloatiee FequiFe:meots Board of Zoning AdjustmentJBoard of Adjustment.

The planning commission shall designate on the agenda of each regularly scheduled planning commission meeting those items in which it is functioning as the board of zoning adjustment and the procedure for matters before the board of zoning adjustment are set out in Chapter 130, Article 2, Sec. 1O(b ). The planning commission shall also designate on the agenda of each regularly scheduled planning commission meeting those items in which it is functioning as the board of adjustment for variance requests on matters contained in Cha13ter 18: Aviation; Cha13ter 50: Flood and flood damage prevention regulation eode; Chapter 56: Landscape and buffers; Chapter 98: Signs; and Chapter 112: Subdivisions, and shall hold a public hearing on the proposed variance, and shall use the variance procedure contained within the respective section.

All other provisions of Chapter 90 of the Code of Ordinances of the City of Springdale, Arkansas, not specifically amended herein shall remain in full force and effect.

After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Jaycox made the second.

The vote:

Yes: Reed, Jaycox, Fulfer, Lawson, Evans

No: None

The Ordinance was numbered 5196.

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ORDINANCE NO. 5197 - AMENDING SECTION 56-39 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS (VARIANCES)

Alderman Jim Reed presented an Ordinance amending Section 56-39 of the Code of Ordinances of the City of Springdale, Arkansas (Variances).

Chapter 56 of the Code of Ordinances contains regulations pertaining to landscape and buffers. Section 56-39 of the Code of Ordinances pertains to the procedure for obtaining a variance from the provisions of Chapter 56. Section 56-39 of the Code of Ordinances should be runended to clarify the procedure for seeking a variance from the provisions of Chapter 56 and read as follows:

Sec. 56-39. - Variances.

The planning commission may approve variances and, thereby, authorize a property owner and/or developer to depart from the literal requirements of this chapter, where strict enforcement of said requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant' requests for variances of any requirements of this chapter according to the following guidelines:

( 1) The planning cotnmission may modify such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.

(2) When the applicant can show that his or her property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a demonstratable hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.

(3) The board of adjustment shall hold a public hearing on the proposed variance, after:

a. At least seven (7) days notice of the time, place, and request is made to the public prior to the meeting by being given in a newspaper of general circulation in the city.

b. The Planning Department will post NOTICE OF PUBLIC HEARING sign(s) on said property for which a public hearing has been set at least ten (1 0) days prior to the hearing indicating the date and time of the hearing. Such signs shall be clearly visible, unobstructed to the passing general public, and posted on or near the front property line.

c. The adjacent property owners of the property seeking the variance have been notified by certified mail. return receipt requested, at least (1 0) days prior to the public hearing in accordance with the following:

(i) An affidavit is submitted stating that notice has been given to all adjacent property owners of the property subject to the variance after the application has been accepted and placed on the planning commission agenda;

(ii) The petitioner shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as shown in

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the records of the Assessor's Office for the County in which the adjacent property is located.

{iii) The required affidavit and supporting exhibits (mailing receipts, list of adjacent property owners and a copy of the notice) shall be filed with the planning office no later than seven (7) days prior to the meeting date. d. The city has sent notice at least ten ( 10) days prior to the hearing by way of the Springdale Alert Notification System to all subscribers within a one (1) mile radius from the property who have opted to receive such notices, e. The minutes of the meeting will be a part of the minutes of the entire planning commission meeting.

Appeal from decision. Any party aggrieved by the decision of the planning commission in granting or denying a variance may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.

After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Evans made the second.

The vote:

Yes: Jaycox, Fulfer, Lawson Evans, Reed

No: None

The Ordinance was numbered 5197.

ORDINANCE NO. 5198 - AMENDING SECTION 98-3 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE. ARKANSAS (SIGN VARIANCES)

Alderman Jim Reed presented an Ordinance amending Section 98-3 of the Code of Ordinances of the City of Springdale, Arkansas (Sign Variances).

Chapter 98 of the Code of Ordinances of the City of Springdale, Arkansas, contains regulations pertaining to signs and Section 98-3 of the Code of Ordinances pertains to the procedure for obtaining a variance from the provisions of Chapter 98.

Section 98-3 of the Code of Ordinances of the City of Springdale, Arkansas, should be amended to clarify the procedure for seeking a variance from the provisions of Chapter 98 and is to read as follows:

98-3. - Variances.

(a) Upon written application delivered to the chief city inspector and the Planning Department and containing such information as he may be reasonably require!!, the board of adjustment may grant variances from the provisions of this chapter with terms and conditions. Variances may be granted for historic, aesthetic or other reasonable cause, which cause shall be stated upon the record.

(b )A variance shall be granted for no more than one sign used or maintained for each separately licensed business on any one lot or parcel.

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1.At least seven (7) days notice of the time, place, and request is made to the public prior to the meeting by being given in a newspaper of general circulation in the city.

2. The Planning Department will post NOTICE OF PUBLIC HEARING sign(s) on said property for which a public hearing has been set at least ten ( 10) days prior to the hearing indicating the date and time of the hearing. Such signs shall be clearly visible, unobstructed to the passing general public, and posted on or near the front property line.

3. The adjacent property owners of the property seeking the variance have been notified by certified mail, return receipt requested, at least (10) days prior to the public hearing in accordance with the following:

(a) An affidavit is submitted stating that notice has been given to all adjacent property owners of the property subject to the variance after the application has been accepted and placed on the planning commission agenda;

(b) The petitioner shall be responsible for providing such notice by certified mail, return receipt requested, to the last known address of such record owner(s) as shown in the records of the Assessor's Office for the County in which the adjacent property is located.

(c) The required affidavit and supporting exhibits (mailing receipts, list of adjacent property owners and a copy of the notice) shall be filed with the planning office no later than seven (7) days prior to the meeting date.

4. The city has sent notice at least ten (1 0) days prior to the hearing by way of the Springdale Alert Notification System to all subscribers within a one (1) mile radius from the property who have opted to receive such notices,

5. The minutes of the meeting will be a part of the minutes of the entire planning commission meeting.

6. Any party aggrieved by the decision of the board of adjustment in granting or denying a variance may appeal the decision to the city council within 30 days of the board of adjustment's decision by giving notice thereof to the city clerk.

Section 2: All other provisions of Chapter 98 of the Code of Ordinances of the City of Springdale, Arkansas, not specifically amended herein shall remain in full force and effect.

After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Jaycox made the second.

The vote:

Yes: Fulfer, Lawson Evans, Reed, Jaycox

No: None

The Ordinance was numbered 5198.

ORDINANCE NO. 5199 - TO ESTABLISH AND ASSESS A VIDEO SERVICE PROVIDER FEE FROM OZARKSGO, LLC, PURSUANT TO THE ARKANSAS VIDEO SERVICE ACT AND ARK. CODE ANN§23-19-210. ET SEQ

Alderman Jim Reed presented an Ordinance to establish and assess a video service provider fee from Ozarksgo, LLC, pursuant to the Arkansas Video Service Act and Arkansas Code Annotated §23-19-210, et seq.

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In 2013, the Arkansas General Assembly passed Act 276 of2013, known as the Arkansas Video Service Act ("the Act"), and codified as Ark. Code Ann. §23-19-201, et seq.; The Act provides that a video service provider shall pay to the political subdivision where it provides video service a video service provider fee as may be required by the political subdivision.

On April 25, 2017, the City Council adopted Resolution 36-17, providing ninety (90) days' notice to OzarksGo, LLC, of the City's intent to establish and assess a video service provider fee in the amount of five percent (5.00%) of gross revenues, to be determined and paid in accordance with and as provided in the Arkansas Video Service Act, codified as Ark. Code Ann. §23-19-201, et seq., with the first payment to be due and payable forty-five (45) days after the close of the next calendar quarter.

After reading the title of the Ordinance, Alderman Jaycox moved the Ordinance "Do Pass". Alderman Reed made the second.

The vote:

Yes: Lawson Evans, Reed, Jaycox, Fulfer

No: None

The Ordinance was numbered 5199.

RESOLUTION NO. 65-19- AUTHORIZING THE EXECUTION OF A CONTRACT FOR PROFESSIONAL SERVICES FOR DESIGN OF ANIMAL SHELTER

Alderman Rick Evans presented a Resolution authorizing the execution of a contract with SCM Architects for professional services for the design of the animal shelter building for a contract sum of $61,500.

Alderman Fulfer expressed concern with spending this money on plans and then the 2018 Bond Issue fails. Then we will not have money to build the shelter. He suggested having a conversation with the County about using their shelter.

Alderman Jaycox asked if this money is allocated tonight, can it be reimbursed by the bond money. Mayor Sprouse answered yes with the City passing a Resolution before the money is actually spent.

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR PROFESSIONAL SERVICES

WHEREAS, the administration is planning to present a proposal for the construction of a new animal shelter in 2018, and

WHEREAS, a needs assessment and conceptual design need to be completed to better define the project, and

WHEREAS, Arkansas Statue §19-11-801 that governs the procurement of professional services was followed by the selection committee, and

WHEREAS, the Mayor and selection committee recommend retaining the firm of SCM Architects for this project;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the Mayor is hereby authorized to

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execute a contract with SCM Architects for the design of the animal shelter building for a contract sum of $61,500 to be paid by the Capital Improvement Project Fund for the needs assessment and conceptual design.

PASSED AND APPROVED this __ day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

Alderman Jaycox moved the Resolution be adopted. Alderman Reed made the second.

The vote:

Yes: Evans, Reed, Jaycox, Lawson

No: Fulfer

Mayor Sprouse voted yes.

The Resolution was numbered 65-1 7.

RESOUTION NO. 66-17- AUTHORIZING THE EXECUTION OF A CONTRACT AMENDMENT #1 FOR PROFESSIONAL SERVICES FOR DESIGN OF DEAN'S TRAIL

Alderman Rick Evans presented a Resolution authorizing the execution of contract amendment #1 with Garver Engineers for an amount not to exceed $45,150.00 for the design of approximately 4.5 miles of Dean's Trail that connects the Jones Center for Families to the area of Lake Fayetteville Park.

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT AMENDMENT FOR PROFES.SIONAL SERVICES

WHERES, the administration is planning to present a proposal adding professional services for the design of approximately 4.5 1niles of Dean's Trail that connects the Jones Center for Families to the area of Lake Fayetteville Park to the original contract.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE ARKANSAS, that the Mayor is hereby authorized to execute Contract Amendment 1 with Garver LLC, adding professional services for the design of approximately 4.5 miles of Dean's Trail that connects the Jones Center for Families to the area of Lake Fayetteville Park to the existing contract, increasing the maximum not to exceed amount of $45,150.00 to be paid by the Capital Improvement Project Fund.

PASSED AND APPROVED this __ day of August, 2017.

0 r-1. a.. SPRINGDALE CITY COUNCIL AUGUST 8, 2017

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

Alderman Jaycox moved the Resolution be adopted. Alderman Reed made the second.

The vote:

Yes: Reed, Jaycox, Fulfer, Lawson, Evans

No: None

The Resolution was numbered 66-17.

ORDINANCE NO. 5200 - WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF GRIDSMART TRAFFIC VIDEO DETECTION SYSTEMS FOR INTERSECTIONS IN SPRINGDALE, ARKANSAS

Alderman Rick Evans presented an Ordinance waiving competitive bidding for the purchase of GridSmart Traffic Video Detection Systems for intersections in Springdale, Arkansas.

The Public Works Department Signalization Division has completed their initial testing of The GridSmart enhanced video detection system and have determined that testing of the proprietary hardware did enhance data collection and improve detection performance at the four (4) existing traffic signals to assist with creation of new traffic plans located at W. Sunset Avenue and 48th Street, the northbound off ramp at W. Sunset Avenue and I- 49, the southbound off ramp at I-49 and 481h Street and the southbound on ramp at W. Sunset Avenue and I-49.

The Public Works Signalization Division will use the GridSmart Detection System to replace existing Peek Video Detection Systems where practical for enhanced data collection and to improve video detection. This is necessary due to the end of life support for the Peek Video Trak and the lack of future support for the new IQ Video Systems.

The Public Works Signalization Division will use funding from their annual budget for the GridSmart replacements thru our primary traffic control system vendor Pinkley Sales and utilize the replaced Peek systems for spare parts to keep the Legacy Peek equipment running as long as necessary.

After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Jaycox made the second.

The vote:

Yes: Jaycox, Fulfer, Lawson Evans, Reed

No: None

The Ordinance was numbered 5200.

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RESOLUTION NO. 67-17 - AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT WITH JOHN HENDRICKS D/B/A GREY BARN PROFESSIONAL SERVICES FOR WALTER TURNBOW PARK

Alderman Mike Lawson presented a Resolution authorizing the execution of an agreement with John Hendricks d/b/a Grey Barn for landscape maintenance of Walter Turnbow Park for a fee not to exceed $14,220.00 per year.

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT FOR PROFESSIONAL SERVICES

WHEREAS, the administration asked for requests of proposals for landscape management of the Walter Turnbow Park, and

WHEREAS, the Mayor reviewed the applicants and has recommended hiring John Hendricks d/b/a The Grey Barn for landscape maintenance of Walter Turnbow Park for a fee not to exceed $14,220.00 per year, with City Council approval.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the Mayor is hereby authorized to execute a 12-month maintenance agreement with John Hendricks d/b/a The Grey Bam for landscape maintenance of Walter Turnbow Park for a fee not to exceed $14,220.00 per year.

PASSED AND APPROVED this __ day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

Alderman Reed moved the Resolution be adopted. Alderman Jaycox made the second.

The vote:

Yes: Fulfer, Lawson, Evans, Reed, Jaycox

No: None

The Resolution was numbered 67-17.

RESOLUTION NO. 68-17 - ADOPTING A REVISED MASTER STREET PLAN FOR THE CITY OF SPRINGDALE, ARKANSAS

Planning Director Patsy Christie presented a Resolution adopting a revised Master Street Plan for the City of Springdale, Arkansas.

The three areas identified to be added to the plan are: 1) an extension of 56th Street all the way up, including long term, adding an interchange on the 412 Bypass; 2) make changes at the interchange of Elm Springs Road and Highway 49 Bypass, creating a local street

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length between 45th Place and 40th Street and 3) extension of Dixieland from Apple Blossom to Wagon Wheel Road.

RESOLUTION NO.

A RESOLUTION ADOPTING A REVISED MASTER STREET PLAN FOR THE CITY OF SPRINGDALE, ARKANSAS

WHEREAS, Ordinance No. 3195 adopted by the City Council on March 12, 2002 requires that the Planning Commission conduct a review of the Master Street Plan to determine if revisions should be considered before March 1 of odd numbered years. If it is determined by the Commission that revisions are needed proposed changes shall be presented for public review and comment and recommended to the City Council for review and adoption, and

WHEREAS, the Springdale Planning Commission reviewed the Master Street Plan and has determined that revisions were needed; and

WHEREAS, a revised Master Street Plan was developed and made available for public heating on July 5, 2017, and

WHEREAS, after the public hearing the planning commission discussed the public comments received and feels that the documents as presented should be adopted and recommended to the City Council.

NOW, THEREFORE BE IT RESOLVED BY THE SPRINGDALE CITY COUNCIL that the above mentioned Master Street Plan map, dated July 1, 2017 is hereby adopted to be used in guiding future decisions regarding transportation facilities and traffic circulation relationships within the City's area of planning jutisdiction.

PASSED AND APPROVED THIS __ DAY OF August, 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B Cate, City Attorney

Alderman Reed moved the Resolution be adopted. Alderman Evans made the second.

The vote:

Yes: Lawson, Evans, Reed, Jaycox, Fulfer

No: None

The Resolution was numbered 68-1 7.

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RESOLUTION NO. 69-17 - APPROVING A WANER OF SUBDNISION REGULATIONS AS SET FORTH IN CHAPTER 112 OF THE SPRINGDALE CODE OF ORDINANCES IN CONNECTION WITH LS17-24, A LOT SPLIT FOR HILL WOOD PROPERTIES LLC

Planning Director Patsy Christie presented a Resolution approving a waiver of subdivision regulations as set forth in Chapter 12 of the Springdale Code of Ordinances in connection with LS17-24, a lot split for Hillwood Properties LLC, located on the east side of Robbins Road north of Fair Lane.

RESOLUTION NO.

A RESOLUTION APPROVING A WAIVER OF SUBDIVISION REGULATIONS AS SET FORTH IN CHAPTER 112 OF THE SPRINGDALE CODE OF ORDINANCES IN CONNECTION WITH LS17-24 FOR A LOT SPLIT FOR HILLWOOD PROPERTIES, LLC LOCATED ON THE EAST SIDE OF ROBBINS ROAD NO·RTH OF FAIR LANE

WHEREAS, Chapter 112 Subdivision of the Springdale Code of Ordinances sets forth the procedures, requirements and minimum standards governing the subdivision of land in the City of Springdale and its territorial jurisdiction; and

WHEREAS, Ordinance #3047 provides for the waiver of street improvements, drainage relating thereto, curbs, gutters and sidewalks to be first heard by the Planning Commission and a recommendation made to the City Council, with any waivers to be granted by the City Council only; and

WHEREAS, the Planning Commission reviewed a request for waiver of subdivision requirements in connection split of the property for which all requirements for street improvements have been; and

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, that the City Council hereby grants a waiver of subdivision requirements in connection with LS17-24 a lot split for Hillwood Properties, LLC located on the east side of Robbins Road north of Fair Lane.

PASSED AND APPROVED THIS __DAY OF AUGUST, 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest Cate, City Attorney

Alderman Reed moved the Resolution be adopted. Alderman Jaycox made the second.

The vote:

Yes: Evans, Reed, Jaycox, Fulfer, Lawson

No: None

The Resolution was numbered 69-1 7.

r-t""". a.. SPRINGDALE CITY COUNCIL AUGUST 8, 2017

ORDINANCE NO. 5201 - AUTHORIZING THE CITY CLERK TO FILE A CLEAN UP LIEN FOR THE REMOVAL OF OVERGROWN BRUSH AND DEBRIS ON PROPERTY LOCATED WITHIN THE CITY OF SPRINGALE, WASHINGTON COUNTY, ARKANSAS

City Attorney Ernest Cate presented an Ordinance authorizing the City Clerk to file a clean-up lien for the removal of overgrown brush and debris on the following properties located within the City of Springdale, Washington County, Arkansas:

906 Caudle Ave. (#815-20596-000) 505 Dyer St. (#815-28877-000) 306 HarveSt. (#815-26201-000) 316 Old Wire Rd. (#815-27932-000)

After reading the title of the Ordinance, Alderman Reed moved the Ordinance "Do Pass". Alderman Lawson made the second.

The vote:

Yes: Reed, Jaycox, Fulfer, Lawson Evans

No: None

The Ordinance was numbered 5201.

ANIMAL SERVICES EVENT

Animal Services Director Courtney Kremer announced that the Springdale Animal Services will be participating in the "Clear the Shelters" event to be held on August 19, 2017.

ADJOURNMENT

Alderman Jaycox made the motion to adjourn. Alderman Reed made the second.

After a voice vote of all ayes and no nays, the meeting adjourned at 6:53 p.m.

Doug Sprouse, Mayor

Denise Pearce, City Clerk/Treasurer

LO t"'""'f. a.. ORDINANCE NO. ---

AN ORDINANCE RELEASING, VACATING, AND ABANDONING A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY IN SPRINGDALE, WASHINGTON COUNTY, ARKANSAS, TO DECLARE AN EMERGENCY AND FOR OTHER PURPOSES.

WHEREAS, River Run Properties, LLC (Sean McDonald and Katherine McDonald), petitioned the City Council for the City of Springdale, Arkansas, to release, vacate and abandon a portion of a utility easement more particularly described in Section 1 below;

WHEREAS, after legal notice of the hearing was published as required by law, a hearing was held on the matter in front of the Springdale City Council, and at the hearing the City Council made the following findings: That all utility companies have filed their written consents to the releasing, vacating and abandoning a portion of the utility easement as shown on the copy of the plat incorporated by reference and said copy and consents are on file in the office of the City Clerk for the City of Springdale, Arkansas;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS:

Section 1: That the City of Springdale, Arkansas hereby releases, vacates and abandons all of their rights, together with the rights of the public generally, in the property described as follows:

AREA OF EASEMENT TO BE VACATED

A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH S02°42'31"W 203.40' ANDN87°41'16"W 64.77' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S02°55'00"W 20.00', THENCE N87°41'16"W 286.99', THENCE N03°01'20"E 20.00', THENCE S87°41'16"E 286.96' TO THE POINT OF BEGINNING. CONTAINING 0.13 ACRES, MORE OR LESS.

AND

A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT POINT WHICH IS S02°43'31 "W 203.40', N87°41'16"W 64.77' AND S02°55'00"W 86.41' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S02°55'00"W 20.00', THENCE N87°25'53"W 287.14', THENCE N03°01'20"E 20.00', THENCE S87°25'53"E 287.10' TO THE POINT OF BEGINNING. CONTAINING 0.13 ACRES, MORE OR LESS.

PARCEL NO.: 815-30075-061

A survey showing the property abandoned is hereby incorporated by reference.

~ r-f ErnestCa/20 17Misc/ORD 1672S48th . a.. Section 2: Emergency Clause. It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale, Arkansas, shall be in effect immediately upon its passage and approval.

PASSED AND APPROVED this 22nct day of August, 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, CITY CLERK

APPROVED AS TO FORM:

Ernest B. Cate, CITY ATTORNEY

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AN ORDINANCE AMENDING ORDINANCE NO. 5196 (AMENDING SECTION 90-31 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS) TO ADD AN EMERGENCY CLAUSE.

WHEREAS, the City Council for the City of Springdale, Arkansas passed Ordinance No. 5196 on August 8, 2017, which amended Section 90-31 of the Code of Ordinances of the City of Springdale, Arkansas;

WHEREAS, the City Council finds that the amendments to the Code of Ordinances contained in Ordinance No. 5196 are of importance to the proper administration and enforcement of city ordinances, and should therefore take effect immediately;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINDGALE, ARKANSAS, that Ordinance No. 5196 is hereby amended to add an Emergency Clause.

Emergency Clause. It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale, Arkansas, shall be in effect immediately upon its passage and approval.

PASSED AND APPROVED this day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED:

Ernest B. Cate, City Attorney

~ 1"""'"'1 EmestCa/20 17misc/ORD5196eclause . c.. ORDINANCE NO. ___

AN ORDINANCE AMENDING ORDINANCE NO. 5197 (AMENDING SECTION 56-39 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS) TO ADD AN EMERGENCY CLAUSE.

WHEREAS, the City Council for the City of Springdale, Arkansas passed Ordinance No. 5197 on August 8, 2017, which amended Section 56-39 of the Code of Ordinances of the City of Springdale, Arkansas;

WHEREAS, the City Council finds that the amendments to the Code of Ordinances contained in Ordinance No. 5197 are of importance to the proper administration and enforcement of city ordinances, and should therefore take effect immediately;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINDGALE, ARKANSAS, that Ordinance No. 5197 is hereby amended to add an Emergency Clause.

PASSED AND APPROVED this day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED:

Ernest B. Cate, City Attorney

0 C'\.1 EmestCa/20 17misc/ORD5197 eclause . a.. ORDINANCE NO. ---

AN ORDINANCE AMENDING ORDINANCE NO. 5198 (AMENDING SECTION 98-3 OF THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, ARKANSAS) TO ADD AN EMERGENCY CLAUSE.

WHEREAS, the City Council for the City of Springdale, Arkansas passed Ordinance No. 5198 on August 8, 2017, which amended Section 98-3 of the Code of Ordinances of the City of Springdale, Arkansas;

WHEREAS, the City Council finds that the amendments to the Code of Ordinances contained in Ordinance No. 5198 are of importance to the proper administration and enforcement of city ordinances, and should therefore take effect immediately;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINDGALE, ARKANSAS, that Ordinance No. 5198 is hereby amended to add an Emergency Clause.

PASSED AND APPROVED this day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED:

Ernest B. Cate, City Attorney

.-I C'\J EmestCa/20 17misc/ORD5198eclause . a.. ORDINANCE NO. ---

AN ORDINANCE AMENDING ORDINANCE NO. 5201 (AUTHORIZING THE CITY CLERK TO FILE A CLEAN-UP LIEN FOR THE REMOVAL OF OVERGROWN BRUSH AND DEBRIS ON PROPERTY LOCATED WITHIN THE CITY OF SPRINGDALE, WASHINGTON COUNTY, ARKANSAS) TO ADD AN EMERGENCY CLAUSE.

WHEREAS, the City Council for the City of Springdale, Arkansas passed Ordinance No. 5201 on August 8, 2017, which authorized the City Clerk to file a clean-up lien for the removal of overgrown brush and debris on property located within the City of Springdale, Washington County, Arkansas;

WHEREAS, the City Council finds that state statutory law places time requirements on the filing of clean-up lien ordinances, and therefore Ordinance No. 5201 should therefore take effect immediately;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINDGALE, ARKANSAS, that Ordinance No. 5201 is hereby amended to add an Emergency Clause.

PASSED AND APPROVED this 22nct day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, CITY CLERK

APPROVED AS TO FORM:

Ernest B. Cate, CITY ATTORNEY

N EmestCa/20 17misc/ORD520 1eclause N . a.. ORDINANCE NO. ---

AN ORDINANCE AMENDING ORDINANCE NO. 5200 (TO WAIVE COMPETITIVE BIDDING FOR THE PURCHASE OF GRIDSMART TRAFFIC VIDEO DETECTION SYSTEMS) TO ADD AN EMERGENCY CLAUSE.

WHEREAS, the City Council for the City of Springdale, Arkansas passed Ordinance No. 5200 on August 8, 2017, which waived competitive bidding for the purchase of GridSmart traffic video detection systems for intersections in the City of Springdale, Arkansas;

WHEREAS, the City Council finds that the Ordinance No. 5200 is of vital safety to the citizens of the City of Springdale, and should therefore take effect immediately;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF SPRINDGALE, ARKANSAS, that Ordinance No. 5200 is hereby amended to add an Emergency Clause.

PASSED AND APPROVED this day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED:

Ernest B. Cate, City Attorney

("') (\J ErnestCa/20 17misc/ORD5200eclause . a.. RESOLUTION NO. ___

A RESOLUTION RECOGNIZING THE "2017 BIKES, BLUES AND BBQ" EVENT AS A CITY APPROVED SPECIAL EVENT.

WHEREAS, the annual "Bikes, Blues, and BBQ" event brings thousands of

visitors to Northwest Arkansas, thereby generating tourism dollars for Springdale,

Arkansas;

WHEREAS, the 2017 "Bikes, Blues, and BBQ'' event will take place from

September 20th to September 23rd, 2017;

WHEREAS, the parking lot of Arvest Ballpark is an excellent venue to host

activities and events associated with Bikes, Blues, and BBQ;

WHEREAS, the City of Springdale wishes to declare the 2017 Bikes, Blues, and

BBQ event a "special event" pursuant to Article 6, Section 3.5(9)(f) of the Zoning

Ordinance of the City of Springdale, Arkansas, thereby allowing the operators of Bikes,

Blues, and BBQ to utilize the parking lot of Arvest Ballpark during this special event.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE

CITY OF SPRINGDALE, ARKANSAS, that the 2017 "Bikes, Blues, and BBQ" event,

which will take place from September 20th to September 23rd, 2017, is hereby recognized

as a "special event" pursuant to Article 6, Section 3.5(9)(f) of the Zoning Ordinance of

the City of Springdale, Arkansas, thereby allowing the operators of Bikes, Blues, and

BBQ to utilize the parking lot of Arvest Ballpark during this special event.

PASSED AND APPROVED this 22nd day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, CITY CLERK

APPROVED AS TO FORM:

Ernest B. Cate, CITY ATTORNEY

ErnestCa/20 17Misc/RESOBBB q C\.1. 0.. RESOLUTION NO. ___

A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A FRANCHISE AGREEMENT WITH WINDSTREAM SERVICES, LLC, ("WINDSTREAM") FOR THE PROVIDING OF COMMUNICATIONS NETWORK SERVICES PURSUANT TO ARK. CODE ANN. §14-200-101, et seq.

WHEREAS, Arkansas Children's Hospital Northwest is currently under construction and will deliver care for more than 200,000 children in 11 counties in

Northwest Arkansas;

WHEREAS, Arkansas Children's Hospital Northwest wishes to provide its

patients and others in Northwest Arkansas w:ith the best facility possible;

WHEREAS, Arkansas Children's Hospital, in order to have an effective and efficient communications system, is in need of securing a route for fiber optic and other

communications system apparatus to bring communication network services to the

Arkansas Children's Hospital Northwest;

WHEREAS, the City of Springdale wishes to enter into a franchise agreement

with Windstream Services, LLC, as authorized by Ark. Code Ann. §14-200-101, et seq., to

set forth the conditions by which City right-of-way and/ or easements may be utilized by Windstream Services, LLC, to bring communications network services to the

Arkansas Children's Hospital Northwest, and to the City of Springdale, said agreement attached hereto as Exhibit "A" and incorporated herein by reference;

WHEREAS, it is in the best interests of the citizens of the City of Springdale,

Arkansas, that the City enter into a franchise agreement with Windstream Services,

LLC, as provided in the attached agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE

CITY OF SPRINGDALE, ARKANSAS, that the Mayor and City Clerk are authorized to execute a franchise agreement, attached as Exhibit "A" hereto, with Windstream

Services, LLC, for the purposes contained therein, pursuant to Ark. Code Ann. §14-200-

101, et seq ..

1.0 EmestCa/20 17misc/RESOWindstream N . a_ PASSED AND APPROVED this day of 2017.

Doug Sprouse, Mayor

ATTFST:

Denise Pearce, CITY CLERK

APPROVED AS TO FORM:

Ernest B. Cate, CITY ATTORNEY

ErnestCa/2017misc/RESOWindstream ~ C'\J a.. AGREEMENT

This Agreement (the "Agreement") made this __ day of August, 2017, between the City of Springdale, Arkansas, and Windstream Services, LLC, its affiliates and subsidiaries, including Windstream Communications, LLC ("Windstream"), for the purposes stated herein;

WITNESSETH:

WHEREAS, it is the intent of the parties that Windstream, duly authorized to do business in the State of Arkansas, continue through this franchise agreement to construct, operate and maintain a telecommunications system in the of City of Springdale, Arkansas;

WHEREAS, the parties intend that the franchise incorporate the City of Springdale's lawful exercise of police power and be subject to the lawful regulation by the Arkansas Public Service Commission and the State of Arkansas, and to the lawful applications of the Telecommunications Act of 1996, 47 USCA § 253;

WHEREAS, the parties further acknowledge that the granting of this franchise results in legitimate costs of doing business for Windstream, which can be recovered from customers in the form of monthly municipal fees, with such costs reflecting the expense of providing and maintaining the public rights of way required to provide telecommunications and other essential public services; and

WHEREAS. It is in the best interests of the City of Springdale, its citizens, and of Windstream that this franchise shall be granted.

NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows:

1. Grant of Authority. The City of Springdale, hereinafter called the 'City", hereby grants to Windstream hereinafter called the "Company", its successors and assigns, the non-exclusive franchise, license, right and privilege to construct, erect, equip, lease, purchase, maintain and operate, in, upon, along, across, above, over and under the streets, alleys, easements, public ways and public places now in use or dedicated, and all extensions thereof, and additions thereto, in said City, its poles, anchors, guys, wires, cables, manholes, microwave sites, underground conduits, appurtenances, fixtures, and other telecommunications facilities necessary, proper or convenient for the maintenance and operation in said City of the Company's telecommunications system; provided, however, that the Company shall locate all its transmission and distribution structures, lines and equipment within the City so as not to unnecessarily obstruct the proper use of streets, alleys, public ways and public places, and to cause minimal interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys, public ways and public places.

r--.... C'\J. ~ 2. Company Liability. The Company shall, during the life ofthis franchise, be subject to all lawful exercise of the police power by the City, as the City now does or may hereafter implement by its regulations, or by resolution or ordinance. The Company shall save harmless and indemnify the City from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Company in the construction, maintenance or operation of its telecommunications system in the City. This indemnity does not apply to negligence attributable to persons other than the Company and is not intended to create liability for the benefit of third parties other than the Company and the City.

The City shall notify the Company's representative in writing within ten days after the presentation of any claim or demand either by suit or otherwise made against the City on account of any activity on the part of the Company specifically:

Windstream Communications Attn: Legal Counsel 4001 Rodney Parham Road Little Rock, AR 72212

With Copy To:

Windstream Communications Attn: Franchises & Easements 111 0 1 Anderson Drive Little Rock, AR 72212

A failure to promptly notify the Company, as required herein by the City, that prejudices the Company's defense against the claim or demand, shall operate as a release of the Company's obligations to save harmless and indemnify the City regarding the claim or demand.

3. Relocations. In the event of any necessary change in the public roads, streets or highways for purposes of their proper use, or in the grades of drains thereof which require that the Company's telecommunications facilities must conform thereto, the Company shall make any and all reasonable relocations of and changes to its facilities as the City may require. The City shall give the Company written notice at least 60 days prior to the commencement of the contemplated changes to provide the Company time within which to make recommendations intended to minimize its cost of resetting or changing its facilities. The City shall consider the Company's recommendations before it requires the relocation or changes in the Company's facilities. The Company shall bear the costs of relocating, changing or removing its facilities for said changes, unless the Company can properly obtain reimbursement for the costs from an entity other than the City.

The Company shall bear the cost for any and all changes made by the Company for Company reasons in the location of its poles, wires, cables, and underground conduits, manholes and other telecommunications facilities. Other than as described herein, the person or entity requesting nilocations of or changes to the Company's facilities shall bear the cost thereof, specifically including relocations and changes for aesthetic reasons.

4. House Moving and Other Unusual Uses. Any person or entity, hereinafter called Applicant, desiring to move a building or other structure along, or to make any unusual use of, the streets, alleys and public ways of the City which shall interfere with the poles, wires or facilities of the Company or the City, shall first give notice to the Company and the City. The Applicant also shall pay to the Company, and to the City if its facilities also are affected, a sum sufficient to cover the expense and damages incident to the cutting, altering and moving of the wires or other facilities of the Company or the City, and the applicant shall present to the City a receipt from the Company showing the payment as a prerequisite for obtaining a permit as required by the City. Thereafter, upon applicant's presentation of said

00 N . ~ permit, the Company shall within a reasonable time provide for and cut, alter and move said wires and facilities as may be necessary to allow such moving or other unusual use of the streets, alleys and public ways of the City.

5. Tree Trimming. The City hereby grants to the Company, its successors and assigns and lessees, the right, privilege and permission to trim trees in and overhanging the streets, alleys, public ways and public places of the City, so as to prevent the branches of such trees from interfering with the Company's telecommunications operations and the provision of services, consistent with the City's regulation of this activity.

6.1 Consideration (Non-Voice). In consideration for the franchise herein granted, the Company shall pay to the City, exclusive of all federal and state excise taxes, over the term of this franchise, an annual amount equal to 4. 2 5% of its annual Gross Revenues received from the installation and operation of its fiber optics cable and electronic communication system to provide service(s) within the legal boundary of the City, to include all revenues received from any and all customers, business and residential, within the City, for communications, data management, internet, and network management services; provided, however, Company shall not be compelled to pay any higher percentage of franchise fees than any other fiber optics electronic communication system service provider providing similar service(s) in the legal boundary of the City. Throughout this franchise, the payment of franchise fees shall be made on a quarterly basis, and shall be due forty-five (45) days after the close of each calendar quarter, except that the first payment shall be for that portion of the prior quarter following the acceptance by the Company of this franchise. Each franchise fee payment shall be accompanied by a report prepared by a representative of the Company showing the basis for the computation of the fee paid during that period. T h e amounts paid by Windstream to the City under this franchise shall be applied monthly as a municipal fee on customer bills.

6.2 Consideration (Voice). In consideration for the franchise herein granted, the Company shall pay to the City, exclusive of all federal and state excise taxes, over the term of this franchise, an annual amount equal to 4. 2 5% of its annual Gross Revenues received from the installation and operation of its fiber optics cable and telecommunication v o i c e system to provide service(s) within the legal boundaries of the City to include all revenues received from any and all customers, business and residential, within the City, for telecommunications and voice services; provided, however, Company shall not be compelled to pay any higher percentage of franchise fees than any other system service provider providing similar service(s) in the legal boundary of the City. Throughout this franchise, the payment of franchise fees shall be made on a quarterly basis, and shall be due forty-five (45) days after the close of each calendar quarter, except that the first payment shall be for that portion of the prior quarter following the acceptance by the Company of this franchise. Each franchise fee payment shall be accompanied by a report prepared by a representative of the Company showing the basis for the computation of the fee paid during that period. The amounts paid by Windstream to the City under this franchise shall be applied monthly as a municipal fee on customer bills.

6.3 Consideration (Gross Revenue). "Gross Revenue" means all fiber optics and other communication system revenue derived by Company form its operation of retail business and residential communication services and systems to include, but not be limited to, internet, telephone services, data management, voice, and networks, small business services, and other similar business services offered by Company in the legal boundary ofthe City, calculated in accordance with Generally Accepted Accounting Principles ("GAAP"). Gross Revenues includes monthly and other applicable system fees, advertising and other such revenue, accessibility and installation fees, and applicable equipment rental fees. Gross Revenue shall not include refundable deposits, bad debt, late fees, investment income, advertising sales commissions, or any taxes, fees, or assessments imposed or assessed by any governmental authority. In the event the obligation of the Company to compensate the City through franchise fee payments is lawfully suspended or eliminated, in whole or in part, then the Company shall pay to the City compensation equivalent to the compensation paid to the City by other similarly situated users of the City's Public Rights-of-Way for Company's use of the City's Rights-of-Way, provided in no event shall such payments exceed the equivalent of five

~ N . a.. percent (5%) of Company's Gross Revenues.

7. Payment in Lieu of Other Taxes. In consideration of the franchise payments provided for above, it is expressly understood and agreed by the Company and the City that these payments shall be in lieu of any and all other franchise, license, occupation, or other forms of excise or revenue taxes based upon or measured by the revenues, employees, payroll, property, facilities or equipment of the Company, excepting, however, the following which shall be referred to as the "excepted truces": general ad valorem property taxes, property taxes, special assessments for local improvements and sales or gross receipts taxes. The franchise payments shall continue only so long as the Company is not prohibited from making the payments by any lawful authority having jurisdiction in the premises. Furthermore, if the City does levy, charge or collect or attempt to levy, charge or collect any other franchise, license, occupation or other form of excise or revenue taxes of the type above specified in this paragraph, other than excepted taxes, the Company's obligation to make franchise payments shall be abated to the extent such other taxes are levied, charged or collected by the City.

8. Annexations. The City or its planning/zoning administrative body shall notify the Company representative of all proposed additions, annexations, subdivisions or incorporation of new land areas into the City. When new land areas are added into the City as described in this section, the City will provide to the Company a detailed address listing for all new land areas added. In determining the proposed easements or routings thereof, the City or its planning/zoning administrative body shall consider the Company's recommendations regarding their engineering feasibility.

9. Non-wavier of Other Rights. It is expressly understood and agreed by and between the City and the Company that neither the grant nor acceptance of this franchise shall constitute a waiver, either upon the part of the Company or the City, of any rights or claims had or made by either with respect to the occupancy of the streets, alleys, public ways and public places of the City, under the laws of the State of Arkansas and under the Constitution and general statues of the State of Arkansas, nor shall anything herein in anyway prejudice or impair any rights or claims existing independently of this franchise of the City or the Company, or its predecessors, successors, assigns or lessees, with respect to the construction, operation, and maintenance, either before or after the life of this franchise of a telecommunications system in the City.

10. Nondiscrimination. Notwithstanding any other provision of this Ordinance or any other provision of law, if any other system or services provider enters into an agreement with the City to provide similar service(s) to subscribers in the City, or otherwise begins to provide similar service(s) to subscribers in the City (with or without entering into an agreement/ordinance with the City), the City, upon written request of Windstream, shall permit Windstream to construct and operate its system to provide said service(s) to subscribers in the City under the same agreement/ordinance and/or under the same terms and conditions as apply to the new provider. The City and Windstream shall enter an agreement or other appropriate authorization, if necessary, containing the same terms and conditions as are applicable to the new provider within sixty (60) days after Windstream submits a written request to the City.

If there is no written agreement or other authorization between the new provider and the City, the City and Windstream shall use 4:he sixty (60) day period to develop and enter into an agreement or other appropriate authorization (if necessary) that to the maximum extent possible contains provisions that will ensure competitive equity between Windstream and other such providers, taking into account the terms and conditions under which other providers are allowed to provide and promote their similar services to subscribers in the City.

In the event the City itself, or through any entity under its control, offers services in competition with the Windstream, the City shall not impose any conditions upon the Windstream to which the City itself is not subject. Upon the City's offer of competitive services, any terms of this franchise to which the City itself is not subject will become null and void.

0 M . c... 11. Term of Franchise. The franchise and rights herein granted shall continue in force and effect for a term of fifteen (15) years after the effective date of this franchise. Upon the expiration of this term of franchise, the parties will continue to abide by its terms that are legal while they negotiate a subsequent franchise.

12. Franchise Authority. This franchise is subject to the superior power of any governmental authority, whether state or federal, having jurisdiction of the premises or exercising regulatory jurisdiction over the Company.

12.1. Amendments. In the event that federal or state law, be it statutory, regulatory, or judicial, develops during the term of this franchise that would have the effect of altering the legal basis for the terms and conditions contained herein, either party may request that this agreement be modified to reflect such changes. If the parties fail to agree on such modifications within six months of the proposal, the matter shall be subject to non-binding mediation. Following such mediation, either party may pursue judicial remedies for amendment or termination of this agreement to comply with current law.

13. Severability Clause. If any section, subsection, sentence, clause, word or phrase of this ordinance is for any reason held to be unconstitutional, illegal, or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Governing Body of the City hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, word or phrase thereof regardless of any one or more sections, subsections, sentences, clauses, words, or phrases being declared unconstitutional or otherwise invalid. All ordinances and agreements or parts thereof in conflict with this ordinance are hereby repealed.

r-1 ("") a.. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written.

The City of Springdale, Arkansas

By: Doug Sprouse, Mayor

Date: ------

By: Denise Pearce, City Clerk

Drue: ______

Windstream Communications, LLC The City of Springdale, Arkansas

By:

Drue: ______

C\J M . a_ ORDINANCE NO. __

AN ORDINANCE AMENDING ORDINANCE NO. 3307 THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SPRINGDALE, ARKANSAS, AND THE PLAT PERTAINING THERETO BY REZONING CERTAIN LANDS FROM AGRICULTURAL DISTRICT (A-1) TO GENERAL COMMERCIAL DISTRICT (C-2) AND DECLARING AN EMERGENCY.

WHEREAS, the Planning Commission of the City of Springdale, Arkansas, Benton County, gave notice required by law and set a hearing date of August 1, 2017 for hearing the matter of a petition of Macrich, LLC Marjorie Brooks Trust, Trinity Grace Church requesting that the following described tract of real estate be zoned from Agricultural District (A-1) to General Commercial District (C-2).

Layman's Description: SE corner of Graham & Appleblossom

Legal Description: All of the E1/2 of the NW1/4, a part of the NW1/4 of the NE1/4 and a part of the SW1/4 of the NE1/4, all in Section 14, Township 18 North, Range 30 West, Benton County, Arkansas and being more particularly described as follows: Beginning at a railroad spike found at the NE corner of the NE 1/4 of the NW1/4 of said section 14; thence along the east line of said NE1/4 of the NW1/4 S01°40'28"W 362.67 feet; thence S86°51'23E 459.84 feet; thence S01°59'01"W 1836.97feet; thence N86°28'02W 450.00 feet; thence S01°40'28"W 484.00 feet to a nail found on top of a fence post at the SE corner of the SE 1/4 of the NW1/4 of said Section 14; thence along the south line of said SE1/4 of the NW1/4 N86°28'02"W1327.46 feet to an iron pin found at the SW corner of said SE1/4 of the NW1/4; then along the west line of the W1/2 of said section 14 N01°35'22"E 2662.12 feet to an iron pin found at the NW corner of the NE1/4 of the NW1/4 of said Section 14; thence along the North line of said NE1/4 S87°16'37"E1330.92 feet to the point of beginning, containing 100.65 acres more or less. A part of the NW1/4 of the NE1/4, a part of the SW1/4 of the NE1/4 and a tract of land as shown on a survey recorded in plat book 2007 at page

('I') ('I') a.. 616, all in Section 14, township 18 North, Range 30 West, Benton County, Arkansas and being more particularly described as follows: Commencing at a railroad spike found at the NE corner of the NE1/4 of the NW1/4 of said Section 14; thence along the east line of said NE1/4 of the NW1/4 S01°40'28"W 362.67 feet; thence departing said east line S86°51'23"E 459.84 feet to the point of beginning; thence continuing S8651 '23"E 459.83 feet to an iron pin found; thence N02°30'19"E 362.31 feet to a PK nail found; thence S86°50'24"E 192.00 feet to a PK nail found; thence S02°30'19"W 362.67 feet an iron pin found bears S30°14'27W 0.93 feet from property corner; thence N86°50'06"W 15.56 feet; thence S01°34'41"W 198.65 feet; thence S01°21'49"W 351.87 feet to an iron pin found; thence S01°37'47"W 263.00 feet to an iron pin found, thence S01°05'43"W 175.74 feet to an iron pin found; thence S01°48'25"W 88.61 feet to an iron pin found; thence S00°29'12"W 87.38 feet to an iron pin found; thence S01°34'05"W87.60 feet to an iron pin found; thence S01°33'36"W 87.86 feet to an iron pin found; thence S01°53'51"W 87.82 feet to an iron pin found; thence S00°22'02"E 88.27 feet to an iron pin found; thence S01°38'38"W 175.75 feet to an iron pin found; thence S00°51 '05"W 175.66 feet to an iron pin found; thence S02°20'56"W 88.01 feet to an iron pin found; thence S01 °25'43"W 88.04 feet to an iron pin found; thence S00°17'49"E 175.60 feet to an iron pin found; thence S01°58'55"W 106.09 feet to the South line of the SW1/4 of the NE1/4 of said Section 14; thence along said South line N86°28'02"W 212.71 feet; thence departing said South line N01°40'28"E 484.00 feet; thence N86°28'02"W 450.00 feet; thence N01 °59'01"E 1836.97 feet to the point of beginning, containing 31.17 acres, more or less.

AND WHEREAS, after notice as required by law, the Springdale Planning Commission held a hearing and after hearing arguments for and against such rezoning, recommends to the Springdale City Council that the area described herein should be rezoned from Agricultural District (A-1) to General Commercial District (C-2) for the purposes of that Zoning Ordinance would be more properly carried out by such rezoning, and that unless granted, citizens of Springdale will suffer irreparable harm and damage, and will be substantially deprived of the use of their property.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE, ARKANSAS:

SECTION 1: That Ordinance No. 3307, the Amendments thereto, and the Zoning Plat pertaining thereto of the City of Springdale, Arkansas, should be and the same is amended as follows:

From Agricultural District (A-1) to General Commercial District (C-2)

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby repealed.

2 q M a.. SECTION 3: EMERGENCY CLAUSE: It is hereby declared that an emergency exists and this ordinance, being necessary for the preservation of the health, safety and welfare of the citizens of Springdale, Arkansas shall be in effect immediately upon its passage and approval.

PASSED AND APPROVED THIS DAY OF , 2017

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest Cate, City Attorney

1.0 M c.. Public hearing sign posted: 07/21 12017 9£.d

Public hearing sign posted by: CS ~ Public Hearing Sign Location

FILE NO. R17-26 Feet PPLICANT: MACRICH, LLC., MARJORIE BROOKS TRUST, CI7Y OF SPRINGDALE 250 500 1,000 PlANNING OFRCE ~ ~ARABI I TRINITY GRACE CHURCH PLANNING COMMISSION MEETING N REZONI NG REQUEST: A-1 TO C-2 AUGUST 1ST, 2017 RESOLUTION NO. __

A RESOLUTION APPROVING A CONDITIONAL USE ON THE EAST SIDE OF ROBBINS ROAD, NORTH OF FAIR LANE FOR HILLWOOD PROPERTIES AS SET FORTH IN ORDINANCE NO. 4030

WHEREAS, Ordinance #4030 amending Chapter 130 (Zoning Ordinance) of the Springdale Code of Ordinance provides that an application for a conditional use on appeal must be heard first by the Planning Commission and a recommendation made to the City Council; and

WHEREAS, the Planning Commission held a public hearing on August 1, 2017, on a request by Hillwood Properties, LLC for a tandem lot split.

WHEREAS, following the public hearing the Planning Commission by a vote of seven (7) yes and one (1) no recommends that a conditional use be granted.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPRINGDALE that the City Council hereby grants a conditional use to Hillwood Properties, LLC with the following conditions - no conditions for a tandem lot split.

PASSED AND APPROVED THIS DAY OF , 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest Cate, City Attorney

M""" N:\Pianning\COMMISSION ITEMS\CONDITIONAL USE\Conditional Use 2017\C17-05 Hillwood Properties, LLC\Resolution.doc . c... Public hearing sign posted: 07/21/2017

Public hearing sign posted by: CS @ Public Hearing Sign Location

Feet FILE 0. C17-05 CITY OF SPRINGDALE 0 100 200 400 APPLICANT: HILLWOOD PROPERTIES, LLC PLANNING OFFICE P.38 ~ RHRHHI PLANNING COMMISSION MEETTtM"' N CO DITIO AL USE REQUEST: TA DE LOT SPLIT AU(;JICT · - RESOLUTION NO. ____

A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT AMENDMENT FOR PROFESSIONAL SERVICES

WHERES, the administration is planning to present a proposal adding professional services for the design of approximately 4.5 miles of Dean's Trail that connects the Jones Center for Families to the area of Lake Fayetteville Park to the original contract.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE ARKANSAS, that the Mayor is hereby authorized to execute Contract Amendment 2 with Garver LLC, adding professional services for the design of approximately 4.5 miles of Dean's Trail that connects the Jones Center for Families to the area of Lake Fayetteville Park to the existing contract, increasing the maximum not to exceed amount of $22,450.00 to be paid by the Capital Improvement Project Fund.

PASSED AND APPROVED this 8th day of August, 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

0'\ M . a... AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES City of Springdale Springdale, Arkansas Project No. 14047190

CONTRACT AMENDMENT NO. 1

This Contract Amendment No. 1, effective on the date last written below, shall amend the original contract between the City of Springdale (Owner) and GARVER, LLC (GARVER), dated January 19, 2015 referred to in the following paragraphs as the original contract.

This Contract Amendment No. 1 adds professional services for the:

Design of approximately 4.5 miles of Dean's Trail that connects the Jones Center for Families to the area of the Lake Fayetteville Park.

The original contract is hereby modified as follows:

SECTION 2 - SCOPE OF SERVICES

The following additional scope of service items shall be hereby added to the agreement as follows:

1. Redesign of the Spring Creek Bridge and trail alignment located on the RODEO OF THE OZARKS property as directed by the Owner. The scope of services will include modifying all final plans as necessary for the new trail and bridge alignment including additional topographic surveys, revising the property acquisition documents, plan & profile sheets, cross sections, bridge layout sheets, bridge details, environmental plans, drainage improvements, and plan quantities.

2. Redesign approximately 1,500-ft of the Dean's Trail alignment located west of Dick Smith Street and east of Oriole Street as directed by the Owner. The scope of services will include modifying all final plans as necessary for the new trail alignment including additional topographic surveys, revising the property acquisition documents, plan & profile sheets, cross sections, environmental plans, drainage improvements, and plan quantities.

3. Develop separate bid quantWes for Schedule I which includes the portion of the trail to the north of the Dick Smith Street connection and Schedule II which includes the remaining trail portion.

SECTION 3- PAYMENT

Increase the maximum not to not exceed amount $65,600.00.

APPENDIX B- HOURLY RATES AND FEE SPREADSHEETS

The attached Appendjx B fee spreadsheets that show the hourly estimates for the Amendment No. 1 additional services shall be added to the agreement.

Contract Amendment No. 1 1 of 2 Dean's Trail Garver Project No. 14047190

0 -.:::t c... This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the date last written below.

CITY OF SPRINGDALE GARVER, LLC

By: By: --· Signature s.~

Name: Name: J2u_, 01w0

Title: --~~~-~----~ Title: •fl. ra.J]rc..-. t'\cw-lll~L

Date: Date: ·--lt.I-U) 1'1

Attest: Attest:

Contract Amendment No. 1 2 of 2 Dean's Trail Garver Project No. 1404 7190

r-1 q- Cl.. APPENDIXB

CITY OF SPRINGDALE DEAN'S TRAIL -AMENDMENT 1

FEE SUMMARY

Title I Services Estimated Fees Amendment 1 Total Geotechnical Services $16,000.00 $0.00 $16,000.00 Record Research $7,000.00 $0.00 $7,000.00 Utility Marking $4,000.00 $100.00 $4,100.00 Schematic Study $28,100.00 $0.00 $28,100.00 Environmental Handling/Documentation $12,400.00 $2,900.00 $15,300.00 Surveys $79,600.00 $9,550.00 $89,150.00 Drainage Study $5,000.00 $0.00 $5,000.00 Preliminary Design $47,800.00 $0.00 $47,800.00 Final Design $59,900.00 $46,650.00 $106,550.00 Property Acquisition Documents $32,600.00 $6,400.00 $39,000.00 Bidding Services $5,200.00 $0.00 $5,200.00 Subtotal for Title I Services $297,600.00 $65,600.00 $363,200.00

Title II Services Construction Materials Testing $0.00 $0.00 $0.00 Construction Phase Services $0.00 $0.00 $0.00 Subtotal for Title II Services $0.00 $0.00 $0.00

\\garverinc.local\gdata\Projects\2014\14047190 ~Dean's Traii\Contracts\Ciient\Draft\Amendment No 1\APPENDIX B- Garver Fee Spreadsheet- Dean's Trail Amendment No 1.xlsx

q-C\J. c... APPENDIX 8

CITY OF SPRINGDALE DEAN'S TRAIL -AMENDMENT 1 ENVIRONMENTAL HANDLING I DOCUMENTATION

WORK TASK DESCRIPTION E-4 P-2 P-1 T-1 T-2

$168.00 $155.00 $124.00 $75.00 $95.00 hr hr hr hr hr 1. Environmental .. Wetland Delineation

Subtotal -Wetland Delineation 0 0 0 0 0 i2. Environmental - SWPPP E&SC Plans 3 2 12 SWPPP Report 1 8

I Subtotal - SWPPP 4 2 8 12 0

Hours 4 2 8 12 0

Salary Costs $672.00 $310.00 $992.00 $900.00 $0.00

SUBTOTAL- SALARIES: $2,874.00

DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $26.00 Postage/Freight/Courier $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON-LABOR EXPENSES - $26.00 SUBTOTAL: $2,900.00

SUBCONSULTANTS FEE: $0.00 - TOTAL FEE: $2,900.00

("") q-. a.. APPENDIX B

CITY OF SPRINGDALE DEAN'S TRAIL - AMENDM1ENT 1

SURVEYS

2-Man Crew 2-Man Crew WORK TASK DESCRIPTION E-4 S-5 S-4 T-1 (GPS (Survey} Survey) $168.00 $155.00 $117.00 $75.00 $188.00 $208.00 hr hr hr hr hr hr 1. Surveys - Topographic Coordinate with Engineers 2 2 Topographic Surveys 6 20 14 Data Processing/DTM Preparation 10

Subtotal - Surveying 2 8 10 0 20 14 2. Surveys - Property Property Surveys I

I Data Processing I

Subtotal - Surveying 0 0 0 0 0 0

Hours 2 8 10 0 20 14

Salary Costs $336.00 $1,240.00 $1,170.00 $0.00 $3,760.00 $2,912.00

SUBTOTAL- SALARiES: $9,418.00

DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $50.00 Postage/Freight/Courier $0.00 Office Supplies/Equipment $0.00 Communications $0.00 Survey Supplies $10.00 Travel Costs $72.00

SUBTOTAL- DIRECT NON-LABOR EXPENSES: $132.00 - SUBTOTAL: $9,550.00

SUBCONSULTANTS FEE: $0.00 - TOTAL FEE: $9,550.00

-=:::t -=:::t. c... APPENDIXB CITY OF SPRINGDALE DEAN'S TRAIL - AMENDMENT 1

FINAL DESIGN

WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-2 T-1

$256.00 $205.00 $168.00 $144.00 $119.00 $103.00 $95.00 $75.00 hr hr hr hr hr hr hr hr 1. Civil Engineering New Alignment Layout and Exhibit 4 4 8

Revisions to Final Plans I Typical Sections 1 2 Plan & Profile Sheets 4 8 16 40 Cross Sections 1 2 Street/Driveway Crossings 1 2 Drainage Improvements 2 4 Typical Details 1 2 4 Coordination with Utility Companies 2 Coordination and Meetings with Owner 8 4 AHTD Permits Specifications/Contract Documents 2 Quantities 4 8 Opinion of Probable Construction Cost 6 QC Review 2 4

I Subtotal - Civil Engineering 18 0 40 0 0 44 0 44

2. Structural Engineering I Revisions to Prefabricated Bridge over Spring Creek Bridge Layout 2 2 8 24 16 Abutment/Piling Analysis and Design 2 1 2 4 Truss Typical Section Rail Details Boring Logs 1 1 2 Abutment/Piling Details 2 4 24 48 32 Joint Details

Structural Specifications 1 2 2 I Quantities 2 4 8 General Notes 1 2 2 Opinion Of Final Construction Co!it 0.5 1 2 2

Sl.lbtotal - Structural Engin~ring 12 91 0 0 6.5 45 0 50 -

Hours 24.5 12 85 0 91 44 50 44

Salary Costs $6,272.00 $2,460.00 $14,280.00 $0.00 $10,829.00 $4,532.00 $4,750.00 $3,300.00

SUBTOTAL • SALARIES; $46,423.00

DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $157.00 Postage/Fre.ight/Courier $20.00 Travel Costs $50.00

SUBTOTAL - DIRECT NON-LABOR EXPENSES: $227.00 - SUBTOTAL: $46,650.00

SUBCONSULTANTS FEE: $0.00 -- TOTAL FEE: $46,650.00

L.() q- c... APPENDIX 8

CITY OF SPRINGDALE DEAN'S TRAIL -AMENDMENT 1

PROPERTY ACQUISITION DOCUMENTS

WORK TASK DESCRIPTION E-4 S-5 S-4 T-1 X-2

$188.00 $155.00 $117.00 $75.00 $81.00 hr hr hr hr hr 1. Acquisition Documents Coordinate with Engineer and Owner 4 3 Permanent Right-of-Way Acquisition Documents 6 16 2 1 Temporary Construction Easements 5 12

Subtotal - Civil Engineering 4 14 28 2 1

Hours 4 14 28 2 1

Salary Costs $672.00 $2,170.00 $3,276.00 $150.00 $81.00

SUBTOTAL - SALARIES: $6,349.00

DIRECT NON-LABOR EXPEN.SES Document Printing/Reproduction/Assembly $41.00 Postage/Freight/Courier $10.00 Office Supplies/Equipment $0.00 Travel Costs $0.00

SUBTOTAL - DIRECT NON-LABOR EXPENSES: $51.00 - SUBTOTAL: $6,400.00

SUBCONSULTANTS FEE: $0.00 - TOTAL FEE: $6,400.00

q-~ a.. RESOLUTION NO.

A RESOLUTION AMENDING THE 2017 BUDGET OF THE CITY OF SPRINGDALE ADMI NISTRATION

WHEREAS, the City Council adopted Resolution 46-17 authorizing the formation of a Springdale Youth Council; and

WHEREAS, there is a need for supplies to help make the Springdale Youth Council a success;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the 2017 budget of the City of Springdale Administration is hereby amended as follows: Present Proposed Department Account No. Description Budget Increase Decrease Budget

Admin Youth Council Food 1,000 1,000 Admin Youth Council T Shirts 300 300 Youth Council Office Admin Supplies 1,300 1,300 Office and Postage Admin supplies 35,000 2,600 32,400

PASSED AND APPROVED this 22nd day of August, 2017

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

r--..... q- a.. RESOLUTION NO. - --

A RESOLUTION AUTHORIZING THE GRANT OF A WATER/SEWER EASEMENT TO THE SPRINGDALE WATER AND SEWER COMMISSION ACROSS PROPERTY OWNED BY THE CITY OF SPRINGDALE, ARKANSAS (PARCEL NO. 815-29544-001, SPRINGDALE, WASHINGTON COUNTY, ARKANSAS).

WHEREAS, the City of Springdale, Arkansas, owns property known as Parcel No. 815- 29544-001, Springdale, Washington County, Arkansas ("the Property");

WHEREAS, the Springdale Water and Sewer Commission is in need of a water/sewer easement across the property for a force main improvement project, as shown on the attached Exhibit "A";

WHEREAS, the water/sewer easement is necessary for the construction and improvement of water/sewer facilities to enhance capacity in the area of the Property, and will be beneficial to future growth and development of the area; and

WHEREAS, Ark. Code Ann. § 14-54-302 provides that the Mayor and City Clerk may execute the attached easement document when authorized to do so by Resolution approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS that the Mayor and City Clerk are hereby authorized to execute the attached easement document granting a water/sewer easement across the Property to the Springdale Water and Sewer Commission.

PASSED AND APPROVED this __ day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

CX) q- EmestCa/20 17Misc/RESOforcemain2 . a.. Thl!i map $hm1ld be used tor teiamnc;.., p~lij.)i)l!Sil ~1rlly snd st10uW 001 be cons1dersa a legal ti~'l'lellt. ~'!Alrle li\'el'f •lfotl hn beltf'l ma<.it1 to emilll(; tr1r: 1i\mage alleged il' be l>1.11iered by <1.1lyone as a'-e~ult of lhei)IJblir.auon of lhis map ond tl~ qotar,or.s •in 1t , or ;;ss a result <>I !hli:> liSe or mtsU$

0'\ q-. 0.. ~ N-T:.~· LEQENQ

-----Pl-----Pl------PL- PROPERTY LINE -----a-----u-----a- EXISTING EASEMENT LINE --- ~ -ss-----ss---~-ss- EXISTING GRAVITY SEWER LINE

- - ~~ - --·n.• ~---- -n.- ·- - ~ ·---r.,. --- EXISTING FORCE MAIN LINE --PE PE PE--·~ - . PERMANENT EASEMENT LINE -·--·- -· ·------·-- ·- ·-- NEW F"M CENTER LINE ---- ~ -x------x------x-- FENCE UN£ ------R/W--- --A/w- RIGHT OF WAY LINE 8 FOUND REBAR PIN

~ PERMANENT EASEMENT s 23·og·s~ 52.47' _] ....----" ------N ~REA:_ 1------·--·~. ~--- PERMANENT EASEMENT 9343 SQUARE FEET OR 0.2i ACRES

SP-460 TRACT 7-CITY PARCEL 815-29544-001 CITY OF SPRINGDALE. ARKANSAS JANUARY_ 25. 2017_

IN 20"36 1 34" 93.04'

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TRACT NO. =~ HcGoodwinWUiiams&Yates l eo_A&:I'\TDAr'T'7f"I"T"V I ...,., t 7-Cl TY SP .. 460 ~~;.:~:.:.::!.~·"·u' 1

0 LO. a.. Tract No. SP-460-7-City January 26, 2017

EASEMENT

KNOW ALL M~:N BY THES ~E PRES_ENTS:

THAT the undersigned City of Springdale, Arkansas, Grantor~ for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to us in hand paid by the Springdale Water and Sewer Commission, Springdale, .Arkansas, does hereby grant, bargain and sell unto the said Springdale Water and Sewer Commission, Springdale, Arkansas, and unto its successors and assigns, an easem.ent for a water transmission Iine(s)!) and/or sewer collection or force 111ain line(s), and/or public ingress/egress~ paving, over, under or across the hereinafter described land in Washington County, Arkansas, to .. vvit:

PR.OPERTY DESCRIPTION (Parcel No. 815·29544~001):

A part of the Southeast Quarter of the Southeast Quarter of Section 15 and a part of the Southwest Quarter of the Southwest Quarter of Section 14, aU in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at an alutninum monun1ent for the Southeast corner of said Southeast Quarter of the Southeast Quarter; thence N 87°28'06,. W along the South line of said Southeast Quarter of the Southeast Quarter a distance of 55.75 feet to the N()rtherly right~of.. way of Santa Fe Pacific Railroad for the POINT OF BEGlNNING; thence N 87°28 106 .. W a along the South line of said Southeast Quarter of the Southeast Quarter distance of215.85 f-eet to the apparent East right of way of Johnson Road; thence along saidapparentEastright-of-wayN 54Q57'29" E a distance of217.29teet; thence N 43°21'58'' E a distance of 119.78 teet; thence leaving said apparent East right-of.. way S 87<'25'02" E a distance of 26.34 feet along the Northerly line of that property described in Record 2008·29959; thence S 1 3°53'13 ' W a distance of67.68 feet; thence N 79°46'31'' E a distance of 166.15 feet; thence S 23°09'53 .. E a distance of 52.94 feet to said Northerly Railroad right~of-way; thence along said Northerly Railroad right~of:.. \vay S 62·0 08'32" W a distance of 151.30 feet; thence S 61 °44'42" W a distance of132.61 feet to the POIN·r OF BEGINNING, containing 45,213 sq. ft., or 1.04 acres, tnore or less.

As described in File 2013 ... 00009746, of the records of the Circuit Clerk and Ex~Officio Recorder~ Washington County~ Arkansas.

'PERMANENT EASEMENT DESCRIPTION:

A permanent easement on the east part of Grantor's above described property described as tallows: begin at the found rebar pin at Grantor's southeast property comer and run thence South 61 o 4 7' 50" West along Grantor's southerly property line, said southerly property line being the northerly right ... ot:.way line of the Arkansas Missouri Railroad, a distance of 130.82 feet; thence leaving said southerly property line North 20° 36' 34u West a distance of 93.04 feet to Grantor's northerly

property line~ thence North 79° 46' 3 I I! East along .said northerly property line a distance of 129.46 teet to Grantor's easterly property line, thence South 23° 09' 53" East along said easterly property line a distance of 52.47 feet to the Point of Beginning, containing 9,343 square feet or 0.21 acres, more or less.

t"'""'t LO. a.. Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing, inspecting, maintaining~ ren1oving, or replacing, said water transmission line(s). and/or sewer collection or force n1ain line(s), and/or public ingress/egress, paving, and the right of exercising all other rights necessary to carry out the purposes for which this Ease1nent is created.

Grantee shall have and is hereby granted the. right of constructing, reconstructing. locating, relocating, inspecting, patrolling, expanding existing facilities or such additional tacilities, pipelines, and appurtenances as may be required in the future, and rnaintaining, and removing said pipelines and appurtenances. Grantee shall have and is hereby granted the further right at all titne to remove from said lands all crops, vegetation, undergrowth, trees, and parts thereof, or other obstructions, which in the opinion of Grantee, restricts access, constitutes a hazard, or endangers the safety and/or the reliability of said pipelines, or their appurtenances and/or the public, and/or for the purpose of installing additional fltcilities.

The Grantor or its successors shall not cause to be constructed any buildings, structures or other itnproven1ents (other than fences., driveways, and paved parking areas) within the above described easetnent, and no trees shall be planted by Grantor or its successors on said easement. Grantor or its successors shall not be entitled to any cotnpensat1on f(lr fences, growing crops, structures which rnay be removed or disturbed within this pennanent easen1ent by virtue of Grantee's exercise of the rights under this agreen1ent.

Grantee agrees to repair any damage to Grantor's driveways, sidewalks, parking areas, lawn or pastures that result from the exercise of rights and privileges contained within the easen1ent and right·ot:.way described herein. Said datnage to driveways, sidewalks, parking areas, lawn or pastures shall be restored by Grantee as close as is reasonable to the original condition.

It is further understood that Grantee's easement shall be .EXCLlJSlVE and that Grantor or its successors shall convey no parallel rights to any person, utility or corporation on, across or under said right-of-way without the express written pennission of Grantee.

The cash consideration hereinabove mentioned is paid by Grantee and accepted by Grantor as full and total payment tor the easetnent and right-of.. way, all trees, undergrowth, tri1nn1ed or re·moved from said lands during the construction and tnaintenance of Grantee's facilities~ and tor all other rights and privileges hereinabove set forth.

TO HAVE AND TO HOLD the above described ease.ment and rights unto said Grantee, its successors and assigns~ forever or until said right-ot:.way is finally abandoned.

And Grantor agrees to forever warrant and defend the above-described easernents and rights unto said Grantee against all legal claims.

IN WITNESS WHEREOF\ the .hand and seal of Grantor is/are hereunto set, this the ___day of -~--· ,2017.

City of Springdale, Ar.kansas

By: Doug Sprouse, Mayor

C\J 1..0. a.. AC.K.NOWLEDGMENT

STATE OF' ARKANSAS } }SS COUNTY OF~ -. ~J

On this the -·___ day of , 201 7, before me! __ , the undersigned Notary Public, personally appeared Doug Sprouse, known to 1ne (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, who acknowledged hitnselfto be the Mayor of the City of Springdale, Arkansas, and that he, as such Mayor, being authcnized so to do, executed the foregoing instrument tor the purposes therein contained.

IN WITNESS WHER•:oF, l hereunto set my hand and official seal.

Notary Public

M.y Ctlmtnission Expires:

M LO. a... RESOLUTION NO. ___

A RESOLUTION AUTHORIZING THE GRANT OF A WATER/SEWER EASEMENT TO THE SPRINGDALE WATER AND SEWER COMMISSION ACROSS PROPERTY OWNED BY THE CITY OF SPRINGDALE, ARKANSAS (PARCEL NO. 785-18034-000, WASHINGTON COUNTY, ARKANSAS).

WHEREAS, the City of Springdale, Arkansas, owns property known as Parcel No. 785- 18034-000, Washington County, Arkansas ("the Property");

WHEREAS, the Springdale Water and Sewer Commission is in need of a water/sewer easement across the property for a force main improvement project, as shown on the attached Exhibit "A";

WHEREAS, Ark. Code Ann. §14-54-302 provides that the Mayor and City Clerk may execute the attached easement document when authorized to do so by Resolution approved by the City Council.

·NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS that the Mayor and City Clerk are hereby authorized to execute the attached easement document granting a water/sewer easement across the Property to the Springdale Water and Sewer Commission.

PASSED AND APPROVED this __ day of , 2017.

Doug Sprouse, Mayor

ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

.q LO ErnestCa/2017Misc/RESOforcemainl . a.. Tnts map $hOuld he us~;~d lor ft>l~:>rence IPI.l'I.'O!il>.ti only a.,t bill tM~idiifi<\l $le~~i O«X;.~~nenL Milt ev..-·~ ~ff<:::t ha'S bt:en made to ensure ih6 &CC;urae:y Qi this j)loduct the pul:l!u;.r.er acc~p;s no rt::opoosib>hty for any errOfs no~ tor any l<:HiJ; or damag;o ~ll.!i9ed to ba su!ferlo}ti b;' \IOV1illl(}ll of tht~; mill) and I!~~ nolatrons on 1L or <1:> 9 res1.tl! of the use or tM>use of ln.; ;nfonn~;~tt.on pH>vtd~\i her;;;r,.

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~ ------Pl---- PRoPERTY I..IH.t ------P£ P!RM.tNENT EASEt.et:Hl' UNt: -·--· -·~ - · - --·- ·~- R/W~· -· --- RlCHT Of WAY UN£ ----· - - - -EE EXISTING EASEMENT LINE SP-460 TRACT 5-CITY -- - ·--·~· -- - -~-·--~ · -·· ~ -~ t.I£W Ft.l CENTfR IJNE PARCEL 785-18034-000 ------FIJlUR£ SlWER UNE CfNTER LINE CJTY OF SPRINGDALE ------R/W-- RIGHT OF WAY UNt ------fl\11 --- -· EX1Sllt4C FORet; MAIN ~t ---- - ·- - -$$ --· --· E~STING GRAI.1TY SEllER l.INE JANtJARY Z§. ,017 ~~~T

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EXHIBlT A MA.NG I diUCJIMitiQ. SP-460 TO ACCOWPANY EASEWENT OOCUMENT TRACT NO. 1....,_-....,...... ---tt @.HcGooduHn WiUiBms & Yates -- ·-- -- · --- -·-- · 5-CITY SP-460 hJlft!flll~ tUflflHf ® :;~~] 1'1;~1.z~. ~., 1

\.0 1.(). ~ Tract No. SP-460-5-City January 26, 2017

EASEMENT

KNO\V Al.. L MEN BY T.HESE PRESENTS:

THAT the undersigned City of Springdale, a municipal corporation, Grantor~ for and in consideration of the sutn of One Dollar {$1.00) and other good and valuable consideration to us in hand paid by the Springdale Water and Sewer Commission, Springdale, Arkansas, does hereby grant, bargain and sell unto the said Springdale Water and Sewer Commission, Springdale, Arkansas~ and unto its successors and assigns, an easen~ent for a water transn1ission Hne(s), and/or sewer coHection or force main line(s), and/or public ingress/egress~ paving, over, under or across the hereinafter described land in Washington County, Arkansas, to-wit:

I)ROPERTY DESCRIPTION (Parcel No. 785-18034-000):

Part of the Northeast quarter of the Northeast quarter of Section Twenty .. two (22) in Township Seventeen (17) North of Range Thirty (30) West~ being described as beginning at a point Forty-six and one half (46 ·/l) rods South of the North West corner of said forty acre tract, which point is the point of intersection of the West line of said forty acre tract and the North right~of,.way line of the St. Louis and San Francisco Railroad~ and running, thence North Three hundred forty seven and twenty five hundredths (347.25) feet, thence East ·rwo hundred ten (210) feet; thence North Twenty (20) feet, thence East Ten (l 0) teet, thence North One hundred ninety ( 190) feet; thence East Two hundred ten (21 0) feet; thence North Two hundred ten (21 0) feet to the North line of said forty acre tract, thence East Four hundred forty eight and twelve hundredths (448.12) feet; thence South 24°58' \Vest Two hundred ninety two and eighteen hundredths (292.18) feet to Nmth line of said railroad right of way; thence Southwesterly along said railroad right of way to the pointofbeginning, Subject ro existing roadvvays.

As described in I>eed File# 2012-00008914, of the records of the Circuit Clerk and Ex-Officio Recorder, Washington County, Arkansas.

PERMANENT EASEMENT DESC,RIPTION:

A pennanent ease.ment across Grantor~s above described property described as follows: The northerly and easterly line of this pem1anent easen1ent shall be coincident with the southerly right of way line of Johnson Mill Boulevard and the westerly right-of-way line of Elmore Street. The southe.rly line of this permanent easetnent shall be located 30.00 feet southerly and westerly fron1 and parallel with the center line of the ne\v sewer force main as constructed, The center line of said new sewer force main being described as beginning at a point on Grantor's west property line~ said point located south along said west property line a distance of 11.02 feet frotn said southerly right·of:.way line of said Johnson Mill Boulevard~ and run thence North 65° 12' 39" East along said center line of said new sewer force n1ain a distance of49l. 56 feet thence North 63 ° 42' 31'' East along said center line of said ne\v sewer force tnain a distance of 53.3 7 feet to the beginning of a curve to the left, said curve having a radius of846.00 feet, a chord bearing ofNorth 59° 01' 12" East, a chord distance of

f"'-.,. LO. a.. 100.80 feet, thence along said center line of said new sewer force n1ain and arc of said curve a distance of 100.86 feet; thence leaving said curve North 52° 31' 17" East along said center line of said new sewer force main a distance of200.21 teet; thence North 57° 55' 2 .l" East along said center line of said new sewer force rnain a distance of31.28 feet; thence South 53° 14' 37'' East along said center line of said ne\v force main a distance of 48. 14 feet to a point on the \vesterly right·of-,vay line of Elmore Street~ said point located North 15° 58' 4(Y' West along said westerly right of way line a distance of 33.49 feet from the northerly right of way line of the Arkansas Missouri Railroad~ containing 35,8.22 square teet or 0.82 acres~ tnore or less. The sidelines of this pennanent easernent shall be shortened or lengthened as necessary to begin at Grantor's west property line and end at the no.rtherly right·of-way line of the Arkansas tvtissouri Railroad,

Together with the right of ingress and egress across adjacent lands for the purpose of laying, repairing, inspecting: maintaining, retnoving~ or replacing~ said water trans1nission line(s), and/or sewer collection or force n1ain line(s), and/or public ingress/egress, paving} and the right of exercising all other rights necessary to carry out the purposes for which this Easement is created.

Grantee shall have and is hereby granted the right of constructing, reconstructing, locating, relocating, inspecting, patrolling, expanding existing facilities or such additional facilities, pipelines, and appurtenances as may be required in the future, and maintaining, and removing said pipelines and appurtenances. Grantee shall have and is hereby granted the further right at all thne to remove trmn said Jands all crops, vegetation, undergrowth, trees, and parts tbereot: or other obstructions, which in the opinion of Grantee, restricts access, constitutes a hazard~ or endangers the safety and/or the reliability of said pipelines, or their appurtenances and/or the public~ and/or for the purpose of installing additional facilities.

The Grantor or its successors shall not cause to be constructed any buildings, structures or other improvetnents (other than fences, driveways, and paved parking areas) within the above described easement~ and no trees shall be planted by Grantor or its successors on said easement. Grantor or its successors shall not be entitled to any cotnpensation for fences, growing crops) structures which may be ren1oved or disturbed within this pennanent easement by virtue of Grantee's exercise of the rights under this agreen1ent.

1 Grantee agrees to repair any dan1age tc.) Grantor s driveways, sidew·alks~ parking areas~ la"vn or pastures that result front the exercise of rights and privileges contained within the easement and right-of-way described herein. Said drunage to dri vev;ays, side\valks, parking areas, la,wn or pastures shall be restored by Grantee as close as is reasonable to the original c.ondition.

It is further understood that Grantee's easement shall be EXCLUSIVE and that Grantor or its successors shall convey no parallel rights to any person, utility or corporation on, across or under said right-of-way without the express written pem1ission of Grantee.

The cash consideration hereinabove n1entioned is paid by Grantee and accepted by Grantor as full and total paytnent for the easem.ent and right .. of':.way, all trees, undergrowth, trin1med or ren1oved fron1 said lands during the construction and maintenance of Grantee's facilities, and fbr all other rights and privileges hereinabove set forth.

TO HAVE AND TO HOLD the above described easernent and rights unto said Grantee, its successors and assigns, forever or until said right .. of.. way is finally abandoned.

00 L.O. a.. And Grantor agrees to forever warrant and defend the above-described easen1ents and rights unto said Grantee against all legal clain1s.

IN WITNESS WHEREOF, the hand(s) and seal(s) of Grantor is/are hereunto set, this the ---·_day of ---·--·-·-----' 2017.

City of Springdale n ntunicipal corporation

By: Doug Sprouse, Mayor

ACK.NOWiLF:DGMENT

STATE OF ARKANSAS } }SS COUN'I'Y OJ? }

On this the ____day of , 2017~ before me, _, the undersigned Notary Public, personally appeared Doug Sprouse~ known to me (or satisfactorily proven) to be the person whose name is subscribed to the wiihin instrutnent, who ackn.t)'Wledged himself to be the Mayor of the City of Springdale, a municipal corporation~ and that he, as such Mayor, being authorized so to do, executed the foregoing instrument for the purposes therein contained.

IN WITNI:SS \\'HEREOF, 1 hereunto set rny hand and official seal.

Notat)· Public

My Conunission Expit·es:

0'\ LO 0.. RESOLUTION NO.--- A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO LEASE WITH AMERICAN TOWERSLLC

WHEREAS, the City of Springdale currently has property leased to American Towers LLC that has a communications tower erected on it, and

WHEREAS, the current lease expires on August 25, 2036 and American Towers LLC has proposed an extension to August 25, 2056, and

WHEREAS, American Towers LLC has offered a one time payment of $30,000 and a continuation of annual rent payments in consideration for the granting of this lease amendment and extension;

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPRINGDALE, ARKANSAS, that the Mayor is hereby authorized to execute the Third Amendment To Lease Agreement with American Towers LLC.

PASSED AND APPROVED this 22nct day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, City Clerk

APPROVED AS TO FORM:

Ernest B. Cate, City Attorney

0 \0. a.. I9"d

LEASE EXTENSION CURRENT RENT SCHEDULE PROPOSED LEASE EXTENSION IMPACT to CURRENT LEASE YEAR ESC 2.5%/YEAR ANNUAL RENT YEAR ANNUAL RENT YEAR ANNUAL RENT 2037 $ 317.75 $ 13,027.75 2017 $ 8,000.00 2017 $ 8,000.00 2038 $ 325.69 $ 13,353.44 2018 $ 8,000.00 2018 $ 8,000.00 2039 $ 333.84 $ 13,687.28 2019 $ 8,000.00 2019 $ 8,000.00 2040 $ 342.18 $ 14,029.46 2020 $ 8,000.00 2020 $ 8,000.00 2041 $ 350.74 $ 14,380.20 2021 $ 8,000.00 2021 $ 8,000.00 2042 $ 359.50 $ 14,739.70 2022 $ 8,000.00 2022 $ 8,000.00 2043 $ 368.49 $ 15,108.20 2023 $ 8,000.00 2023 $ 8,000.00 2044 $ 377.70 $ 15,485.90 2024 $ 8,000.00 2024 $ 8,000.00 2045 $ 387.15 $ 15,873.05 2025 $ 8,000.00 2025 $ 8,000.00 2046 $ 396.83 $ 16,269.87 2026 $ 12,000.00 2026 $ 12,000.00 2047 $ 406.75 $ 16,676.62 2027 $ 12,000.00 2027 $ 12,000.00 2048 $ 416.92 $ 17,093.54 2028 $ 12,000.00 2028 $ 12,000.00 2049 $ 427.34 $ 17,520.88 2029 $ 12,000.00 2029 $ 12,000.00 2050 $ 438.02 $ 17,958.90 2030 $ 12,000.00 2030 $ 12,000.00 2051 $ 448.97 $ 18,407.87 2031 $ 400.00 $ 12,400.00 2031 $ 400.00 $ 12,400.00 2052 $ 460.20 $ 18,868.07 2032 $ 12,400.00 2032 $ 12,400.00 2053 $ 471.70 $ 19,339.77 2033 $ 12,400.00 2033 $ 12,400.00 2054 $ 483.49 $ 19,823.26 2034 $ 12,400.00 2034 $ 12,400.00 2055 $ 495.58 $ 20,318.84 2035 $ 12,400.00 2035 $ 12,400.00 2056 $ 507.97 $ 20,826.81 2036 $ 12,400.00 2036 $ 310.00 $ 12,710.00 ESTIMATED PAYOUT OF LEASE EXTENSION $ 332,789.41 ]

2017 SIGNING BONUS $ 30,000.00 ESTIMATED PAYOUT OF CURRENT LEASE 201 $ 206,400.001 PROPOSED ESTIMATED PAYOUT OF CURRENT LEASE $ 236,710.00 !AVERAGE ANNUAL RENT 2017-2036 $ 10,863.16 PROPOSED AVERAGE ANNUAL RENT 2017-2036 $ 12,458.42 THE THIRD AMENDMENT TO LEASE AGREEMENT

This Third Amendment to Lease Agreement (this '.'Amendment") is made effective as of the latter signature date hereof (the "Effective Date"} by and between City of Springdale, Arkansas, a municipal corporation ("Landlord") and American Towers LLC, a Delaware limited liability company ("Tenant"} (Landlord and Tenant being collectively referred to herein as the "Parties"}. RECITALS WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"); and WHEREAS, Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Lease Option Agreement dated February 28, 1996 (the "Option"} and that certain Tower Site Lease Agreement dated August 23, 1996 (the "Original Lease"} as amended by that certain First Amendment to Option to Purchase Agreement dated July 8, 2008 (the "First Amendment'') as amended by that certain Second Amendment to Tower Site Lease Agreement dated September 29, 2014 (the "Second Amendment'') (as the same may have been amended from time to time, collectively, the "Lease"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the "Leased Premises"), which Leased Premises are also described on Exhibit A; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Thirty Thousand and No/100 Dollars ($30,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant's receipt of this Amendment executed by Landlord, on or before August 31, 2017; (b) Tenant's confirmation that Landlord's statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord's ownership; (c) Tenant's receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

2. lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or this Amendment, the Parties agree the Lease originally commenced on August 26, 1996 and, without giving effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal options contained in the Lease (each an "Existing Renewal Term" and, collectively, the "Existing Renewal Terms"), the Lease is otherwise scheduled to expire on August 25, 2036. In addition to any Existing Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the Lease for each of four (4) additional five (5) year renewal terms (each a "New Renewal Term" and, collectively, the "New Renewal Terms"). Notwithstanding anything to the contrary contained in the Lease, (a) all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease at least sixty (60) days prior to the commencement of the next Renewal Term (as defined below) and (b) Landlord shall be able to terminate this Lease only in the event of a material default by Tenant, which default is not cured within sixty (GO} days of Tenant's receipt of written notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a material default within sixty (60} days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the sixty (60) day cure period described herein N \.0 Site No: 98201 . 0.. Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR property of which the Leased Premises is a part to any person or entity directly or indirectly engaged in the business of owning, acquiring, operating, managing, investing in or leasing wireless telecommunications infrastructure (any such person or entity, a "Third Party Competitor'') or (ii) assign all or any portion of Landlord's interest in the Lease to a Third Party Competitor (any such offer, the "Offer''), Tenant shall have the right of first refusal to purchase the real property or other interest being offered by Landlord in connection with the Offer on the same terms and conditions. If Tenant elects, in its sole and absolute discretion, to exercise its right of first refusal as provided herein, Tenant must provide Landlord with notice of its election not later than forty-five (45) days after Tenant receives written notice from Landlord of the Offer. If Tenant elects not to exercise Tenant's right of first refusal with respect to an Offer as provided herein, Landlord may complete the transaction contemplated in the Offer with the Third Party Competitor on the stated terms and price but with the express condition that such sale is made subject to the terms of the Lease, as modified by this Amendment. Landlord hereby acknowledges and agrees that any sale or conveyance by Landlord in violation of this Section is and shall be deemed to be null and void and of no force and effect. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment.

7. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv) Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (v) to the best of Landlord's knowledge, there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant's rights under the Lease, as amended and modified by this Amendment; and (vi) the square footage of the Leased Premises is the greater of Tenant's existing improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease. The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Amendment.

8. Confidentiality. Notwithstanding anything to the contrary contained in the Lease or in this Amendment, Landlord agrees and acknowledges that all the terms of this Amendment and the Lease and any information furnished to Landlord by Tenant in connection therewith shall be and remain confidential. Except with Landlord's family, attorney, accountant, broker, lender, a prospective fee simple purchaser of the Parent Parcel, or if otherwise required by law, Landlord shall not disclose any such terms or information without the prior written consent of Tenant. The terms and provisions of this Section shall survive the execution and delivery of this Amendment.

9. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt

M \.0 Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a... Corporation Attn: Landlord Relations/ 10 Presidential Way, Woburn/ MA 01801 unless otherwise directed by Tenant from time to time. Subject to the requirements set forth in this Section, Tenant shall make such reimbursement payment within forty-five (45) days of receipt of a written reimbursement request from Landlord. Tenant shall pay applicable personal property taxes directly to the local taxing authority to the extent such taxes are billed and sent directly by the taxing authority to Tenant. If Landlord fails to pay when due any taxes affecting the Parent Parcel as required herein, Tenant shall have the right, but not the obligation, to pay such taxes on Landlord's behalf and: (i) deduct the full amount of any such taxes paid by Tenant on Landlord's behalf from any future payments required to be made by Tenant to Landlord hereunder; (ii) demand reimbursement from Landlord, which reimbursement payment Landlord shall make within thirty (30) days of such demand by Tenant; and/or (iii) collect from Landlord any such tax payments made by Tenant on Landlord's behalf by any lawful means.

[SIGNATURES COMMENCE ON FOLLOWING PAGE]

q Site No: 98201 ~ Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a.. TENANT:

American Towers LLC a Delaware limited liability company

Signature: ______Print Name: ______Title: ______Date: ______

1.0 \.0 Site No: 98201 0 Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a. EXHIBIT A (Continued)

ACCESS AND UTILITIES

The access and utility easements include all easements of record as well as that portion of the Parent Parcel currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:

~ Site No: 98201 ~ Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a_ Prepared by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Prior Recorded Lease Reference: Attn: Land Management/Danielle Fiorentino, Esq. Book __, Page __ ATC Site No: 98201 File No: 2014-00027687 ATC Site Name: HIGHWAY 412 AT 71 SPRINGDALE State of Arkansas Assessor's Parcel No(s): 815-20775-000 County of Washington

MEMORANDUM OF LEASE

This Memorandum of Lease (the "Memorandum") is entered into on the day of ______, 201_ by and between City of Springdale, Arkansas, a municipal corporation ("Landlord'') and American Towers LLC, a Delaware limited liability company ("Tenant").

NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).

1. Parent Parcel and lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcel"). Landlord (or its predecessor-in-interest) and Tenant (or its predecessor-in-interest) entered into that certain Lease Option Agreement dated February 28, 1996 (the /{Option") and that certain Tower Site Lease Agreement dated August 23, 1996 (the /{Original Lease") as amended by that certain First Amendment to Option to Purchase Agreement dated July 8, 2008 (the "First Amendment'') as amended by that certain Second Amendment to Tower Site Lease Agreement dated September 29, 2014 (the "Second Amendment") (as the same may have been amended from time to time, collectively, the "Lease"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary ofcertain easements for access and public utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the /{Leased Premises"), which Leased Premises is also described on Exhibit A.

2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be August 25, 2056. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.

3. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as-built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant's request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such

Site No: 98201 ""\.0. Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a.. IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.

LANDLORD 2 WITNESSES

City of Springdale, Arkansas a municipal corporation

Signature: ------Signature: ______Print Name: ______Print Name: ------Title: ______Date: ______Signature: ______Print Name: ______

WITNESS AND ACKNOWLEDGEMENT

State/Commonwealth of ______

County of ______

On this __ day of , 201__, before me, ______the undersigned Notary Public, personally appeared ------· who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Print Name: ______My commission expires : ______[SEAL]

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

CX) \.0 Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a.. EXHIBIT A

This Exhibit A may be replaced at Tenant's option as described below.

PARENT PARCEL

Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or deeds) that include the land area encompassed by the Lease and Tenant's improvements thereon.

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.

SITUATED IN THE COUNTY OF WASHINGTON AND STATE OF ARKANSAS:

LOT NUMBER TWENTY (20) IN BLOCK NllMBER TWO (2) IN BROOK 1 5 ADDITION TO THE 'I'OWN: (NOW CITi) OF SPRINGDALE.

LEASED PREMISES

Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

Part .o~ Lota 2'1 aael .32 • Blcx;k a 1 DrookG J\d.clittioa .to t:ha City o£ 8p1:ingda.J.e. Arlamsa• on record. ill Wash!Dgton Co~ty Plat Book at. Pag., 9'7 being .part ot: tbe Soutbwdt QUarter (Slf 1/\1) a! the southeast Quart;er (SB 1/.i:) o'f Sectiou lt11 Townehi.p 18 Norlh • . Rauge 30 Woat of. tlie l'iftb Principal Meridian, waahingt.on Couilty il Jck.,•ae, _,re paJ!ticqlarly described aa fol·lowa:

~ \.0 Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR 0... Instructions for completing the Resolution and Consent Affidavit

*IMPORTANT INFORMATION BELOW*

In order to avoid delays in the completion of this transaction, the Resolution and Consent

Affidavit must be signed by ALL Members, Partners, Directors, Shareholders, Officers or

Trustees of the organization. Section 6 of this form allows for the organization to appoint one person to sign the remaining documents but ONE HUNDRED PERCENT (100%} of the ownership or voting interest of the organization must sign this first. Failure to comply with these

instructions or properly indicate the percentage of ownership and/or voting interest will result

in delays and could require the documents to be re-executed. If you have any questions, please

contact your land lease representative.

0 r--..... Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a.. shareholder, member, partner, and/or trustee actions required to effectuate the transactions contemplated in the Amendment and other Transaction Documents have been completed.

5. The Affiants also declare that they have full legal authority to bind Landlord under the laws of the State or Commonwealth in which the Leased Premises (as defined in the Amendment) is located, and Affiants have the full authority to execute any and all of the Transaction Documents on behalf of Landlord and to nominate individuals to act on Landlord's behalf.

6. The Affiants hereby nominate the below listed individual (the "Nominee") as attorney-in-fact to execute and deliver the Amendment, together with any other documents and agreements, including, without limitation, the Memorandum (as defined in the Amendment), required to be executed and delivered pursuant to the terms and provisions of the Amendment (the Amendment and all of such other aforementioned agreements and documents, collectively, the "Transaction Documents"), on behalf of Affiants and Landlord. The Nominee shall have full power and authority to act on behalf of Affiants and on behalf of Landlord for purposes of executing and delivering the Transaction Documents and ensuring that Landlord fulfills its obligations thereunder. Additionally, the Nominee shall have full authority to direct the manner in which all payments made by Tenant pursuant to the Amendment are to be made to Landlord, including, without limitation, identifying which bank account(s) to transfer funds to in the event a wire payment is made by Tenant.

NOMINEE: (Print Name) (Address)

7. This Resolution and Consent Affidavit shall become effective as of the date of the last notarized signature of the Affiants listed below.

8. Affiants hereby acknowledge and agree that Tenant, its lenders, and its title insurance company are relying upon, and are entitled to rely upon, this Resolution and Consent Affidavit and the contents hereof as a material inducement to entering into the Amendment and other Transaction Documents. Tenant, its lenders, and its title insurance company may rely upon a faxed, scanned or otherwise electronically reproduced fully-executed copy of this document as if it were an original.

9. This document can only be amended or modified by addendum or an amendment that is fully executed and notarized by all Affiants listed hereunder.

[SIGNATURES COMMENCE ON FOLLOWING PAGE]

.-I t-.... Site No: 98201 Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a. EXECUTED UNDER THE PAINS AND PENAL TIES OF PERJURY ON THE DATE WRITTEN BELOW

AFFIANT NO.2 2 WITNESSES

Signature: ______Print Name: ______Signature: ______Date: ______Print Name: ______

Title: (circle one) Member, Partner, Director, Signature:------Shareholder, Officer, Trustee Print Name: ______

Percentage Ownership or Voting Interest: ____%

WITNESS AND ACKNOWLEDGEMENT

State/Commonwealth of ______

County of ______

On this __ day of , 201_, before me, ______the undersigned Notary Public, personally appeared ______who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Print Name: ______My commission expires: ______[SEAL]

C'\.1 r--.... Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR 0.. EXECUTED UNDER THE PAINS AND PENAL TIES OF PERJURY ON THE DATE WRITTEN BELOW

AFFIANT NO. 4 2 WITNESSES

Signature: ______Print Name: ______Signature: ______Date: ______Print Name: ______

Title: (circle one) Member, Partner, Director, Signature: ------Shareholder, Officer, Trustee Print Name: ______

Percentage Ownership or Voting Interest: ___%

WITNESS AND ACKNOWLEDGEMENT

State/Commonwealth of ______

County of ______

On this __ day of , 201_, before me, ______the undersigned Notary Public, personally appeared ------· who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Print Name: ______My commission expires: ______[SEAL]

('I') r---... Site No: 98201 . Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR a.. EXECUTED UNDER THE PAINS AND PENAL TIES OF PERJURY ON THE DATE WRITTEN BELOW

AFFIANT NO.6 2 WITNESSES

Signature: ______Print Name: ______Signature: ______Date: ______Print Name: ______

Title: (circle one) Member, Partner, Director, Signature: ______Shareholder, Officer, Trustee Print Name: ______

Percentage Ownership or Voting Interest: ___%

WITNESS AND ACKNOWLEDGEMENT

State/Commonwealth of ______

County of ______

On this __ day of 201__, before me, ______the undersigned Notary Public, personally appeared ______who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Print Name: ______My commission expires: ______[SEAL]

Site No: 98201 t:t. Site Name: HIGHWAY 412 AT 71 SPRINGDALE, AR c.. ORDINANCE NO. ___

AN ORDINANCF~ AUTHORIZING THl: CITY CL.ERK TO F.ILE A CLEAN-UP LIEN FOR T.HE REMOV.AL OF OVER<;ROWN BRUSH AND DEBRIS ON PROPERTY LOCATED WITHIN THE CITY OF SPRINGDALE, WASHINGT()N COUNTY, ARKANSAS.

WHERt:AS, the following real property located in Springdale, Washington County. Arkansas, is owned as set out below:

PROPERTY OWNER: Jorge F, & Yolanda Garcia LEGAL DESCRIPTION: Part of theSE l/4 of theSE 1/4 of Section 36 in Township 18 North~ Range 30 West described as: Beginning at a point 40 l/2 rods West and 27 1/2 rods North of the Southeast corner of said 40 acre tract, and running thence North 3 rods; thence West t 3 rods; thence South 3 rods; thence East 13 rods to the place of beginning. LAYMAN'S D.ESCRIPTION: 309 S. Cleveland St. Springdale, Washington County) Arkansas ·p A.RCEL NO .. : 815-28470 .. 000

PROPERTY OWNER: Bertha Louise Macon LEGAL DF;SCRJP1'ION: Part of Block Nun1bered Two (2) in R.L. Hayes Sub-Division of part of the South Half of the Southwest Quarter of the Northeast Quarter of Section One ( 1) in Township Seventeen (17) North~ Range Thirty (30) West, described as: Beginning at a point 210 feet west of the North East comer of said Block 2, and running~ thence West One Hundred Sixteen ( 116) feet~ thence South One Hundred Seventy Five ( 175) feet, Thence east One Hundred Sixteen ( 116) feet, thence North One Hundred Seventy Five (175) feet the point of beginning. ALSO, Part of Block Two in the R.L. Hayes Subdivision in the R.L. Hayes Addition to the City of Springdale, and being part of the South half of the Southwest Quarter of the Northeast Quarter of Section One, ·rownship Seventeen North, Range Thirty West, and being more particularly described as follows: Beginning at the Northeast comer of Block Two (2) as a beginning point; thence South One Hundred (100) feet; thence West One Hundred Fifty (150) feet; thence North One Hundred (100) feet~ thence East One Hundred Fifty (I 50) teet to the place of beginning. LAYMAN'S DESCRIPTION: 902 Powell St Springdale, Washington County~ Arkansas PARCEL NO.: 815,.22494 .. 000

PROPERTY OWNER: Nelson Chavers LEGAL DESCRIPTION: 74.5 feet taken of equal and uniform width ofT the North side of Lots 6 and 7 in Block 5 in Picnic Addition to the City of Springdale~ Arkansas. LAYMAN'S DESCRIPTION: 303 Park St. Springdale~ Washington County~ Arkansas PARCEL NO.: 815 .. 24894·000

CindyHclrlicki2017 file .~2017 O!'dtnarl~cs/Uco ()rdinaru;~~/9·22 · 17 .Lic-nO.rd

L.() f"-.... a.. PROPE'RTY 0\\'NER: Oscar Enrique Orantes Anavizca and Ruth Liliana Lantan LEGAL DESCRIPTION: Fifty-two (52) feet of equal and unifonn width off the South side of Lot Numbered 6 and 40 feet of equal and uniform width off the North side of Lot Numbered 7 in Block Numbered 4 in Carter Addi.tion to the City of Springdale, Arkansas, as per plat of said Addition on. file in the otftce of the Circuit Clerk and Ex-Officio Recorder of Washington County. Arkansas. LAYMAN'S DESCRIPTION: 1211 Shipley St.

Springdale~ Washington County 1 Arkansas PARCEL NO .. : 815·20838-000

PR<>PERTY OWNER: Nina F. Thomas LEGAL DESCRIPTION: A part of the Southwest Comer (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 12~ Township Seventeen (17) North, Range 30 West, proceed North 1184.50 teet to the North Right of Way line of TeiTy Avenue as dedicated on the plat of Edmondson Addition to the City of Springdale~ ,.t\rkansas; thence South 89°34'32'1 East 903.50 feet to the Point of Beginning) thence South 89°34'32" East 109 feet, thence North 15 feet~ thence North 89°34'32" West 109 feet, thenc-e South 150 feet tt) the point of beginning and containing 0.375 acres more or less all in the City of Springdale, Washington County~ Arkansas, LAYMAN'S DESCRIPTION: 106 Terry Ave. Springdale, Washin!,rton County, Arkansas PARCEL NO.: 815·29338 .. 000

PROPERTY OWNER: DCB Global Enterprise, L.LC LEGAL DESCRIPTION: Lot N·un1bered Thirteen (13) of Northeast Meadows Subdivision Phase I to the City of Springdale~ Arkansas as per plat of said subdivision on file in the oftice of the Circuit Clerk and Ex .. Qfficio Recorder of Washington County, Arkansas. LAYMAN'S DESCRIPTION; 1810 Wheatland Ave. Springdale~ ·washington County, Arkansas PARCEL NO.: 815-32561 .. 000

WHEREAS, the owner was given notice, pursuant to Ark. Code Ann. §14·54 .. 903, of the unsightly and unsanitary conditions on the properties described above., and instructed to clean the properti~s in accordance with Sections 42-77 and 42-78 of the Springdale Code of Ordinances;

WHEREAS, the property owner of record did not abate the situation on these properties, and as a result, the City of Springdale was required to abate the conditions on these properties and incurred cost as follows, and as shown in the attached Exhibits:

$1,498.52 clean-up costs and $28.76 administrative costs- 309 S. Cleveland St. (#815-28470-000) $964.48 clean-up costs and $2L74 administrative costs- 902 Powell St. (#815·22494-000) $940.48 clean-up costs and $2L74 administrative costs~ 303 Park St (#815-24894-000) $921.50 clean-up costs and $28.76 administrative costs_... 1211 Shipley St. (#81 5-20838-000) $964.48 clean-up costs and $21.74 administrative costs-· 106 Terry Ave. (#815-29338-000) $543.84 clean .. up costs and $21.74 administrative costs -·1810 Wheatland (#815-32561-000)

WHEREAS, the property O\\'tlers have been given at least 30 days written notice of the public hearing in accordance with Ark. Code Ann. §14-54-903. as shown in the attached Exhibits;

CiudyHorlick/2017 Filesf,WI7 Ordimlltces/Lien Ordirtall~:)i<;·2.2-J7.Licn0rd

\.0 to..... a.. WHE.REAS, Ark. Code Ann. § 14 .. 54-904 authorizes the City Council to assert a clean.-up lien on these properties to collect the amounts expended by the City in cleaning up these properties;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL .FOR THE CITY OF SPRINGnALE, ARKANSAS, pursuant to Ark. Code Ann. §14-54-904, the City Council certifies that the following real property shall be placed on the tax books of the Washington County Tax Collector as delinquent taxes and collected accordingly:

$1.572.28, plus lO~Io for collection- 309 S. Cleveland St. (#815-28470-000) $986.22, plus 1Oo/o for collection - 902 Powell St (#815-22494-000) $962.22~ plus 10% for collection- 303 Park St. (#815-24894-000) $950.26, plus 10% for collection-~ 1211 Shipley St. (#815·20838-000) $986.22~ plus 10~.1, for collection -106 Terry Ave. (#81 5.. 29338-000) $565.58, plus 10~-Q for collection -1810 Wheatland (#815-32561-000)

PASS ED AND APPROVED this 22"a day of August, 2017.

Doug Sprouse, Mayor ATTEST:

Denise Pearce, CITY CLERK

APPROVED AS TO FORM:

Ernest B. Cate, CITY ATTORNEY

CindyHoflick/20J 7 Files/20 17 Ordina.nc~!:;/Ucn Ordinance:::/9·22·17 .UenOni

r-...... r-...... Q.. "'r· ·...... ' '\.'p:-~ ~, c?ffice o,f ~lie ,city ?ltto1~ney · 2c.JJ ~nng Stn;ct S~win~tfafe. ~rkonsas 72764 . L·~II ). ~ 1;.. Jl 'P(ione (479) 756-5900 .,l. •Fax (479) 750-4732 '\1'\~'\-.··.s~win.adafea,·.qlN .. (.! (,

July 13, 2017 Xn1est 'B. Cate City ?l.ttonJ£y CERTlf.'lEU l\-1AIL ecate@springda!ear.gov RETlJRN RECEU)T REQUESTED AND RE(;ULAR MAlL 'T'ay(or Sanpl€s SeJJulr 'D~p11ty Cit_y 1\rn;:~n~o1y !samples @springdalear. gov Jorge F. & Yolanda Garcia San.th Sra·diman 309 S. Cleveland St. 'lJipu.~ City ~tt~wn;y Springdale, AR 72764 [email protected]()v Brenda Dougan Vavid'. 'D. Pfii((iy! 19955 Santa Rosa 'D~puty Ciry ?\ttonuy dphiUips@ sprirtgdatear.gr.w Springdalet AR 72764

L ytul~l 'Be(velrcs i RE: Notice, of clean,..up lien on property located at 309 S. Cleveland St.~ Cast~ Com·diHatcn/ Vi~tim ~l\.d\·cratP Sprjngdale~ Washington County, ~.AJkansas, Tax Parcel No. 815~ lbeivedresi@ splingdalear.gov 28470 ... 000 Stevt~ '}(€fms •Jm·.;sti{J4t;.1t' Dear Property Owner/Lienholder: [email protected] Cinly rHod1ck · On April 6, 2017, notice \Vas posted on property located at 309 S. Cleveland St.~ ~lmiiJisrrativc UtJal Springdale, Arkansas, that the property was in violation of Springdale City ~ssistaltt/Para&aat Ordinance 42 .. 77 and 42-78, and needed to be remedied within seven (7) days. chorlick @springdalear.gov Notice was mailed to the O\\'Tler of record on A.Pril 6, 20 J 7~ that the City intended ja(que 'R4?th to seek a clean-up Jien on this property pursuant to Ark Code Ann.. §14-54·903 if •Docftr Cccrdfuurm/ the violations were not retnedied. The notice also applied to any violations th~t 'DiSCO\'try Ckrk may be found on the property within the next 12 months. jrolh@ springdale~r.gov Subsequent to the above .. referenced violation notice being issued, a city code violation was round to have existed on the property. As a resuJt, the City of Springdale took action to rernedy the vioJatJons on the property; as is allowed by Ark Code Ann. §14·54·903, on or about June 1, 2017. As of this· date~ the total costs incurred by the City of Springdale to clean tl1is property are $1,498.52. I have enclosed an invoice evidencing the abatement costs incurred and paid by the City of Springdale to clean this property. Also~ in accordance with Ark. Code Ann. § 14-54·903(c)(4), administrative fees n1ay be added to the. total costs incurred by the City of Springdale, which will include certified mailing fee in the amount of $6:74 per letter and a filing fee in the atnount of $15.00 to the Washington County ·Circuit C(.lUrt.

This is to notify you that in the event this amount is not paid to the City of Springdale on or before August 22, 2017 .. a hearing confirn1ing the anlount of the

00. a_"" lien will be held before the Springdale City Council p_ursuant to Ark. Code Ann. §14-54 .. 903 to detennine the amount of the clean-up lien to which the City is entitled for cleaning up the property. The hearing confinning the atnount of the lien will be held Tuesday, August 22, 2017, at 6:00 p.m. in the City Council Chatnbers at the City Administration Building~ 201 Spring Street, Springdale~ Arkansas. If this atnount is paid prior to the hearing~ no lien will be pursued.

Please remit the total sun1 of$1,512.30~ which includes $L498.52 for cleaning up the property and $13.76 for certified mailings to the City of Springdale by the date listed above. If you fail to pay this amount before the hearing~ then an additional $15.00 will be added for the costs of filing the ordinance with the Circuit Clerk's Office. Please provide· n1e with a copy of any payment you make so that I \\1]11 be aware of it.

If you d~sire to contest the atnount sought above, you wjlJ need to contact Missha Wagoner, Supervisor of Con1munity Eugagetnent at 479-756 .. 7712 for an appointn1ent and she wiU give you a court date in Springdale District Court where you \\till have the opportunity to state your case before the Judge.

This letter is also being mailed by regular rnail to Jorge F. and Yolanda Garcia and Brenda Dougan at the addressed above. Delivery of that letter by the U.S. Postal Service shall \Varrant service should the certified letter be returned.

If you should have any questions, please let me know.

enclosures SS:ch

~ r--...... a.. City of Springdale Code Enforcement iit.....-.... -.....-;..;m..:-.;••:n·a·

CITY ABATEMENT-2017 .. -6l1/201711 :19AM (BRADLEY -·1) Form Started· 6/1/2017 1:09:59 PM Form Submitted: 6/1/2017 1 :09:59PM Status: CITY ABATEMENT Order# CSCLE309

Form Fields: Property Address 309 S Cleveland Before Picture Attached Data

Before Picture Attached Data

Before Picture Out of public view,

Page l uf3

0 CX) a.. City of Springdale Code Enforcement ,-.·e;;;.;;.,.;...... ,n.. :-...*."'*

.; All .• ~,, j ~ -~':_tiN ') '0 ·offg -- ' ...... -. . . ..,; ·.

t' "." ··;·~ ·\..~.." ~ ..

.,. • J:;.. ' ' . - '\- \ Type of Abatement Lien Date of Abatement 6111201710:19 AM Officer on Site- B. Clyne

Labor Rate Recovery Employee Henry Hernandez, Peter Wilson.Wayne Terry HH Benefit Rate $54.84 PW Benefit Rate $32.48 VVT Benefit Rate $51.94

Method of Compliance 1 Method of Compflance Property Clean Up - Junk and Trash

Equipment Used 743 Kubota.660/652 New Bulky Waste Truck,6031 Equipment Service Truck-Landacaping.6037 Service Pick Up Truck,6050 1-ton Work Truck Landscaping 743 Kubota $65 660 New Bulky Waste Truck $200 6031 Service Truck-Landscaping $35 6037 Service Pick Up Truck $35 6050 1·ton Work Truck-Landscaptng $35

Time of Abatement in Hours 2 Number of Temporary laborers 6 Temporary labor Rate Recovery 288 Employee labor recovery per hour 174.26 Total Employee Cost 348.52 Equipment Cost per hour 370 Total Equpment Cost 740 Disposal Cost Recovery $100 Number of Tires Removed {$2 Each) 0 Number of Electronrcs Removed {$1 0 Each) 0 Containers of Chemicals ($1 Each) 2 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 1498.52 Items removed include old wet shingles wet soaked tarpaper, old pallets old metal, trees and brush. No items Items Removed from Property on back porch taken. City landscape crew taken from city projects for this abatement. Old kids poet "Old broken windows lots of broken gtass. Bulky waste crem taken from regularly scheduled route for this abatement. Final Photos Out of publie view. Items left as is.

Page 2 of 3

r-1 co. a.. City of Springdale Code Enforcement

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F ina I Photos Attached Data

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Page 3 ofJ

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q CX). a.. ". r '~~ Office Oj The Ci~ ~ttoYn.ey ....,.. 20l Syrin~..q Str€t;t ' < t~ -~,~ . ; I Syri'tlfjlalr, ?l1·~nsas 7~764 ~ · ". . ' Pfume (479) 756-~9c.1fJ ·! ...... - .F...... a... ·Tax (4-79) 750~4 732 '\-1-'WW-~JWilltJda(eartJOV

July 6, 2017 Ernest :B. Cate City ~1tt~mli.~~/ ecate @springdalear.gov CERTIFlEI> MAlL 'Tayfcw San~)(es S!'nior 1>~'JnlhJ RETURN RECEIPT REQtJESTED Cit:J 11.ttonlC.Y AND RE(iUIJAR MAIL tsampfes @springdalear.go v

Sc:n·afi Spa1·knwn Bertha l.,ouise rv1acon v~rur:!f c it:t ~~ttt,nU'_'I c/o Shirley Macon sspa®nan @springdatear.gov P.O. Box 681 Olney, IL 62450 'David']). ThilTiys 'Deputy CHy ?\f't!lt"IU'J [email protected] RE: Notice of clean·up lien on property located at 902 Powell St.~ S_pringdale~ \Vashington County'S Arkansas~ Tax Parcel No. 815~ [. ynd'' ·Br:~{\r~dt·esi 22494---000 Case CcL~niftuJtN/ Victim ~ild,·cKatc lbelvedresi @springdalear.glw Dear Property Owner: Sre:ve'Hdm~ ·]m'C5titJat,n· On April 18, 2017, notice was posted on property located at 902 Pow·eJJ St.\ shelms@ springdaiear.gov SpringdaJe, Arkansas~ that the property \Vas in violation of Springdale City Ci!tdy ?-fcrfick _ Ordinance 42-77 and 42-78. and needed to be rem~died within seven (7) days. ~2Wministn1t-ivc !tt}al Notice 'vas tnailed to the owner of record on April 18, 2017~ that the City ~ssistant)P£lnifca~( intended to seek a clean-up Hen on this property pursuant to Ark. Code Ann. § 14- chorlick @springdalear. gov 54·903 if the violations were noi r¢nledied. The notice also applied to any jacq·ue 1R.ctfi violations that tnay be found on the property within the next 1.2 months. 'Dac&t Cot,nfinat,.,tf 'Dfs'""'~'ety cfeyf Subsequent to the above~reterenced violation notice being issued~ a city code jroth@ sprirlgdalear.gDv violation was found to have existed on the property. As a result, the City of Springdale took action to ren1edy the violations on the property, as is aJlowed by Ark. Code Ann. § 14-54·903, on or about May 24~ 2017. As of this date, the total costs jncurred by the City of Springdale to clean thjs property are $964.48. I have enclosed an inv()ice evidencing the abatement costs inctu-red and paid by tb.e City of Springdale to clean this property. Also, in accordance with Ark. Code Ann. § 14~54-903{ c )(4 )~ administrative fees n1ay be added to the total costs inc'Qrred by the City of Springdale~ which will include ce11ified n1ailing fee in the an1ow1t of $6.74Jler .letter and a f1ling fee in the amount of$15.00 to the Washington County Circ-uit Court.

l'his is to n<.)tify you that in the event this amount is not paid to the City of Springdale on or before A.ugust 22~ 2017, a hearing confirming the amount of the lien will be held before the Springdale City Council pursuant to Ark. C<>de Ann. § 14 ... 54~903 to detennine the amount of the clean·up lien to \vhkh the City is

1.() 00 a.. entitled for cleaning up the property. The hearing contin11ing the atnount of the hen will be held Tuesday~ August ~2. 2017~ at 6:00 p.m. in the City Council Chatnbers at the City Adn1inistration Building~ 20 J Spring Street, Springdale~ Arkansas. lfthis anwwlt is paid prior to the hearing~ no lien will be pursued.

Please ren1it the total sum of$971.22, which includes $964.48 for cleaning up the property and $6.74 for certified mailings to the City of Springdale by the date listed above. If you fail to pay this amount before the hearing~ then an additional $15.00 will be added for the costs of tiling the ordinance with the Circuit Clerk's Office. Please provide me with a copy of any payment you make so that I will be aware of it.

If you desire to contest the an1ount sought above, you will need to contact Missha ~Vagoner, Supervisor of Comn1unity Engagement at 479·756 ... 7712 for an appointment and she \vill give you a court date in Springdale District Court where you will have the opportunity to state your case before Judge Jeff Harper.

This letter is also being mailed by regular mail to Bertha Louise Macon c/o Shirley ~lacon at the address above. Delivery of that le_tter by the U.S. Postal Service shaH ':varrant service should the certi11ed letter be returned.

Jf you should have any questions., pJease let tne know. SincerelvJMi .. Surah Sparkman Deputy City Attorney enclosures SS:ch

\.0 CX) a_ City of S.prlngdal Code Enfou,-m.. ra

CfTY ABATEMENT-2017 .. • 5124/20'17 2:45PM (BRADLEY ..1) Form Started· 5/24/2017 3:17:22 PM Form Submitted: 5/24/2017 3:17:22 PM Status: CITY ABATEMENT Order# CPOW902-02

Form Fields: Property Address 902 Powell Before Picture Attached Data

Before Picture Attached Data

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\' ·.• \~ .~ .. . • . ··~ "' •.oJI Before Picture Attached Data

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Type of Abatement Lien Date of Abatement 512412017 1 :45 PM Officer on Site. B. Clyne

Labor Rate Recovery Employee Henry Hernandez HH Benefit Rate $54.84

Method of Compliance 1 Method of Compliance Mowing, Property Clean Up · Junk and Trash

Equipment Used 748 Grasshopper,743 Kubota.6031 Service Truck Equipment landscapiog,6050 1-ton Work Truck Landscaping 748 Grasshopper $55 743 Kubota $65 6031 Serv1ce Truck-Landscaping $35 6050 1-ton Work Truck-Landscaping $35

Ttme of Abatement in Hours 1 Number of Temporary Laborers 6 Temporary Labor Rate Recovery 144 Employee labor recovery per hour 89.84 Total Employee Cost 89.84 Equipment Cost per hour 190 Total Equpment Cost 190 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($10 Each) 0 Containers of Chem•cals ($1 Each) 0 Freon Removal Recovery ($20 each) 0 Total Cost of .Abatement 543.84 Items removed from property include blocks scrap metal bag of trash_ City landscape crew taken from other project Items Removed from Property to abate this property. Bulky waste crew taken from her scheduled route to abate and clean this property. F 1nal Photos Attached Data

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CX) CX). a.. City of Springdale Cod• Entorcam•nt

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Final Photos Attached Oata

F1nal Photos Attached Data

Ftnat Photos Attached Data

Pag..: ~ ofJ

m CX) a.. City of Springdale Code Enforcement

CITY ABATEMENT .. 2017 - - 5124/2017 3:24 PM (2· BULKY WASTE ) Form Started· 5124i2017 3:32:41 PM Form Submitted· 5/24/2017 3:32:41 PM Status· CITY ABATEMENT Order# CPOW9Q2 .. Q2

Form Fields: Property Address 902 Powell st Before Picture Attached Data

Before Picture Attached

Before Picture Attached Data

Type of Abatement Lien Date of Abatement 5/24/2017 2:24 PM

Labor Rate Recovery Employee Chris Myers,Peter Wilson CM Benefit Rate $33.16 W Benefit Rate $32.48

Method of Compliance

Equipment Used

Png..: 1 nt' Z

0 m. a_ City o· Code Et,forcetnerlt

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Equtpment 660/652 New Bulky Waste Truck.6003 4x4 Service Truck 660 New Bulky Waste Truck $200 6003 4x4 Service Truck $35

Time of Abatement '" Hours 1 Number of Temporary Laborers 0 Temporary labor Rate Recovery 0 Employee labor recovery per hour 65.64 Total Employee Cost 65.64 Equipment Cost per hour 235 Total Equpment Cost 235 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($10 Each) 0 Containers of Chem1cals {$1 Each) 0 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 420.64 Items Removed from Property Brush. wood and trash F inaI Photos Attached Data

P>.lg,c 2 of1

1"""""1 ~. 0.. Complete items 1, 2, and :a. Abo complete Item 4 if Restricted Delivery is de,sired. • Print your name and addre&G on the ~ne so that we can return the card to you. • .Attach this card to the back of ·the mailpioce, or on tbtt front if spac• permitt.

ha louise Macon c/o Shirley Macon P.e, Box681 Olney. tl 62410

2. Artie~ Number (frar1$fer from ~'/c8. 1abelj 70lb 1370 0001 6039 8446

~ PS Form 3811. July 201a ~tie Retum R$Ce!pt

C\J ~ a.. 'f -\:~~ Office Oj~ T'fie City ?l ttor·11-ey .- ::~.n Spdn~1sfi·eet ~ {.. ~ · ~--,\; ~1n·fnadaw _. 'Arfiansas 72764 iPJione (479) 756·59'-·w t\ 'Fax (479) 750-47.~2 wwW.SJ' riruu{a.Jea.r.qtlv ~ v c..

July 6, 2017

:E?'fh1St '.B. Cate City 'Attw·1~<~y CERTlFIEI> MAIL ecate @springdalear.gov RETURN RECEIPT REQUESTED AND REGULAR MAIL Tc1:j{or Samyfes Smu'r 'D~TUt'l/ City ·.;a.ttot·lu:y [email protected] Ndson Chavers San1fi Spa1·fman c/o Bonnie Nichols ·n~puty Ciry ?ltt:cm!fy 176 County Rd. 1670 ssparkman@springdaleacgov Knoxville, AR 72845

'David !D. Pfiifli.J.'-" RE: Notice of clean-up lien on property located at 303 Park St.~ V~ruty Cit:-J 'Attontc.V [email protected] Springda1e, Washington County, Arkansas~ Tax Parcel No. 815- 24894 .. 000 L11nd~1 ·.Bdvein~~i Ct1(( CMrJinatm/ Victim !)t,J):

This is to notify you that in the event this amount is not paid to the City of Springdale on or before August 22, 2017 .. a hearing confinning the amount of the lien wiJJ be held bef()re the Springdale City Counci.l pursuant to Ark. Code Ann. § 14·54-903 to determine the amount of the clean-up lien to which the City is entitled for cleaning up the pr~perty . The hearing confi.m1ing the amount of the

M 0'\. a.. Hen wiJl be held Tuesday~ August 22~ 2017 .. at 6:00 p.m. in 1he City Council Chambers at the City Administration Building~ 20 I Spring Street~ Springdale~ Arkansas. If this an1ount is paid prior tQ the hearing, no lien wiH be pursued.

Please retnit the total stun of $94 7.22, which includes $940.48 for cleaning up the property and $6.74 for c-ertified mailings to the City of Springdale by the date listed above. lf you fail to pay this atnount before the hearing, then an additional $15.00 \:vill be added t()r the costs .of fil.ing the ordinance "vith the Circuit Clerk's Office. Please provide me with a copy of any paytncnt you make so that I will be aw·are of it. lf you desire to contest the an1ount sought above~ you will need to ,·ontact ~1issha \Vagoner, Supervisor of COJnmunity Engagetnent at 479-756 .. 7712 tor an appointment and she \;vill give you a court date in Springdale District Court where you wiU have the opportunity to state your case before Judge JeffHarpe.r.

This letter js also being mailed by regular 1nail to Nelson Chavers c/o Bonnie Nichols at the address above. Delivery of that letter by the U.S. PostaJ Service shall warrant service should the certified letter be returned.

If you should have any question~, please let me kno\\'.

Sincere tv. ,~ rMJJ- Sarah Sparktnan Deputy City Atton1ey enclosures SS:ch

q- 0"1 a.. City of Sp rJ Cod4t Etlfou;em•ttt

CITY ABATEMENT-2017 .... 51251201710:00 AM (BRADLEY ·1) Form Started: 512512017 10:37:53 AM Form Submitted: 5/25/2017 10:37:53 AM Status. CITY ABATEMENT Order# CPARK3Q3 .. Q3

Form Fields: Property Address 303 Park Before Picture Attached Data

Before P1cture Attached Data ---

r' ··:~:·~--··_,~ . .., _.1 •., . Before Picture Attached Data ~...... -'. ·.-~'·. -.' (..~,f'!. -:- r :-' ,. .·-

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. I .. a,-_~ · ~ t ...... ,.... Type of Abatement lien Date of Abatement 5125/2017 9:00AM • Officer on Site· B. Clyne

Labor Rate Recovery Employee Henry Hernandez HH Benef1t Rate $54.84

Method of Compliance 1 Method of Compliance Mowing. Property Clean Up .. Junk and Trash

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LO Q). c.. Equipment Used 748 Grasshopper,743 Kubota,6031 Service Truck~ Equtpment Landscaping,6050 'I .. ton Work Truck Landscaping 748 Grasshopper $55 743 Kubota $65 6031 Servtce Truck-Landscaptng $35 6050 1-ton Work Truck-Landscaping $35

Time of Abatement in Hour& 1 Number of Temporary Laborers 5 Temporary Labor Rate Recovery 120 Employee labor recovery per hour 89.84 Total Employee Cost 89.84 Equipment Cost per hour 190 Total Equpment Cost 190 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each} 0 Number of Electronics Removed {$10 Each} 0 Containers of Chemicals {$1 Each) 0 Freon Removat Recovery ($20 each) 0 Total Cost of Abatement 519.84 Junk and trash removed from property limbs bottles cans plastic mowing and weed eating done on property city Items Removed from Property landscape crew taken from regularly scheduled projects for this abatement. Final Photos Attached Data

Final Photos Attached Data

Finat Photos Attached Data

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\0 0'\. a_ P.97 CUy of Sp11angaa1e Codo Eutorcema"t •

CITY ABATEMENT·2017 • .. 512512017 11:29 AM (1· BULKY WASTE) Form Started: 5/25/2017 11:35:47 AM Form Submitted: 5/25/2017 11 :35:47 AM Status. CITY ABATEMENT Order# CPARK303·03

Form Fields: Property Address 303 Park st Before Picture Attached Data

Before Picture Attached

Type of Abatement Lien Date of Abatement 512512017 10:29 AM

Labor Rate Recovery Employee Chris Myers,Peter Wilson CM Benefit Rate $33.16 PW Benefit Rate $32.48

Method of Compliance

Equipment Used

Page l of .2

CX) 0"\. a.. City of ·sprtngdale coe. E.nforcctrtttrt

Equipment 660/652 New Bulky Waste Truck.6003 4x4 Service Truck 660 New Bulky Waste Truck $200 6003 4x4 Service Truck $35

T1me of Abatement 1n Hours 1 Number of Temporary Laborers 0 Temporary Labor Rate Recovery 0 Employee labor recovery per· hour 65,64 Total Employee Cost 65.64 Equipment Cost per hour 235 Total Equpment Cost 235 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($10 Each) 0 Contatners of Chemicals ($1 Each) 0 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 420.64 ltems Removed from Property Bike frame. brush~ trash Final Photos Attached Data

Final Photos Attached

Final Photos Attached Data

Page 2 (tf1

0'\ 0'\. a.. oo1·d

Office Of The City 'Attorney 101 SyrintJ Street Syrtnaiak. 'flrkansas 7:z764 11111111 701b 1370 0001 b039 &439

1fto Nelson Chavers cjo Bonnie Nichols 176 County Rd~ 1670

Knoxville, A N 7 ~ ·: 'f! 7Z-? ~?. _ tH~~8;'09. 17

RET~~N TO SEMOER UNC~AIMEO ~NA8~E TO ~ORWARO

UNC ec: 727644554&~ ~eass-&S719-e1-JS 4 1 1 72eJrli~14 s s 4 II I l t t tIt II I\. ,,, 'II' i It i I; JI •f li It J I1', fj it JJ t JI~!~ t I i . t Jl f! lt

. \ Office Of Tlie City ?tttorney • 201 Syrina St1·eet Syrill[JdaCe, !Ar~mua$ 7~764 P(km£ (4?9) 756··590(.' 1'ax (479) 750-4732 ·www.~'rit1[1tfa(ea,\q_ov

July 13, 2017

~l'tii!.St 'B. Cate City 'flrtonwy CERTIFIED MAlL ecate@ springdatear.gov RETURN RECEIPT REQUESTED AND REGULAR MAIL ~~yf~w Sanl)1h!S S<'ni.Jr Ve1•u·hj City ~ttO.t'Jljjy Oscar Enrique Orantes Anavizca [email protected] and Ruth Liliana Lantan Sandi S_}'41Ykman 121 ·1 Shipley St 'D~pl{ty City 'llttomcy Springdale, AR 72764 sspartv North Little Rock) AR 72114 Steve ?-fc6ns 'Jnvcstifjatm· RE: Notice of clean .. up lien on property located at 1211 Shipley St, she!ms@ &pringdalear.gov Springdale~ \Vashingt

Subsequent to the above-referenced violation notice being issued~ a city code violation was found to have existed on the property. As a result~ the City of Springdale took action to remedy the yiolations on the property, as is allovved by Ark Code Ann. §14-54-903, on or about May 31, 2017. As of -this date, the total costs incurred by the City of Springdale to clean this property are $921.50. I have enclosed an invoice evidencing the abatement costs incurred and paid by the City of Springdale. to clean this property. Also, in accordance with Ark. Code Ann. § l4M54 ... 903(c)(4)~ adn1inistrative fees may be added to the total costs incurred·by the City of Springdale~ which will include ce.rtified 111aiHng fee in the amount of

r-1 0 r-1. a_ $6.74 per letter and a filing fee in the an1ount of$15.00 to the Washington County Circuit Court

This is to notif)' you that in the event this amount is not paid to the City ·of Springdale on or before August 22~ 2017, a hearing confirming the an1ount of the lien will be held befor~ the Springdale City Council pursuant to Ark. Code Ann. § 14 .. 54 .. 903 to detem1ine the amount of the clean-up lien to \vhich the City is entitled tor cleaning up the property. The hearing confim1ing the amount of the lien will be held Tuesday, August .22~ 201.7 ~ at 6:00 p.n1. in the City Council Chan1bers at the City Administration Building) 201 Spring Street~ Springdale, Arkansas. If this arnount is paid prior to the hearing, no lien \Viii be pursued.

Ptea.~e retnit the totaf sun1 of$935.26~ ·which includes $921.50 for cleaning up the property and $13.76 for certified mailings to the City of Springdale by the date listed ab9ve. If you tall to pay this amount betbre the hearing, then an additional $15.00 'viii be added for the costs of filing the ordinance with the Circuit Clerk•s Office. Please provide tuc with a copy of any payment you n1ake so that I wiU be aware of it.

If you desire to contest the muount sought above, you wiU need to contact tv1issha Wagoner, Supervisor of Community Engagement at 479-. 756 ... 7712 tor an appointJnent and she will give you a court date in Springdale District Cout1 where you will have the opportunity to state your case before the Judge.

This letter is also being mailed by regular mail to O~car Anavizca and Ruth Lantan at the address above. Delivery of that letter by the U.S. Postal Service shall warrant service should the certified letter be returned.

If you should have any questions~ please let tne know.

Sine~. rei', 'h v l;ur•~ --

Sarah Sparlonan Deputy City Attorney enclosures SS:ch

N 0 r-1. 0.. City of Springdale Code Enforcement

...- ...... ~ ...... Mrmt.:o-.•;w..r;.i

CITY ABATEMENT-2017 .... 5/3112017 2:24PM (BRADLEY ·1) Form Started· 5131/2017 2:49:10 PM Form Submitted 5131/2017 2·49:10 PM Status: CITY ABATEMENT Order# CSHIP1211,..()2

Form Fields: Property Address 1211 Shipley Before Picture Attached Data

Before Picture Attached Data

!';,age J ,.r3

M 0 t-f. a.. City of Springdal Code Enforcement ~ ,...... -.:..-...... -m-...... ,.., ... ,.;·

Type of Abatement Lien Date of Abatement 5/3112017 1:24 PM Officer on Site- B. Clyne

Labor Rate Recovery Employee Henry Hernandez HH Benefit Rate $54.84

Method of Compliance 1 Method of Compliance Mowing, Property Ctean Up • Junk and Trash

Equipment Used Equipment 748 Grasshopper.6031 Service Truck-Landscapfng.6050 1-ton Work Truck Landscaping 748 Grasshopper $55 6031 Service Truck·Landscaping $35 6050 1 .. ton Work Truck-Landscaping $35

Time of Abtltement in Hours 1 Number of Temporary Laborers 4 Temporary labor Rate Recovery 96 Employee labor recovery per hour 89.84 Total Employee Cost 89.84 Equipment Cost per hour 125 Total Equpment Cost 125 Dtsposal Cost Recovery $100 Number of Tires Removed ($2 Each} 0 Number of Electromcs Removed ($10 Each) 0 Containers of Chemicals ($1 Each) 6 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 436.84 Items removed from property include old posts brush sticks old clothes. Scrap lumber bottles chemicals oil etc. Items Removed from Property Brush in limbs. City landscape crew tak_en from city project for this abatement Final Photos Attached Data

J>agc 2 of 3

.q- 0 r-1. 0... City of Springdal COde Enforcement .... ··,-t~-.....-:...... ,.m .. :o.;..""•·ma ...

F1nal Photos Attached Data

Final Photos Attached Data

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LO 0 r-1. a.. City of Springdale Codtt Enforctunent

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CITY ABATEMENT-2017 .. - 5/31/2017 3:08PM (2· BULKY WASTE) Form Started: 513112017 3:18:05 PM Form Submitted· 5/31/2017 3:18:05 PM Status: CITY ABATEMENT Order# CSHIP1211..02

Form Fields: Property Address 1211 Shipley Before Picture Attached Data

Before Picture Attached Data

Before Picture Attached

Type of Abatement Lien Date of Abatement 5/31/2017 2:08 PM

Labor Rate Recovery Employee Eric Pearce.PeterWilson,Wayne Terry LM Benefrt Rate $39.24 PW Benefit Rate $32.48 WT Benefit Rate $51 .94

Method of Compliance

Pagel of2

~ 0 1""""4. o._ City of Springdale Code Et,forcernent ",,• ...., ...... , .• m.. -:-.. • .,;iiie..;r.,

Equipment Used Equipment 660/652 New Bulky Waste Truck.6003 4x4 Service Truck 660 New Bulky Waste Truck $200 6003 4x4 Service Truck $35

Time of Abatement in Hours 1 Number of Temporary laborers 0 Temporary Labor Rate Recovery 0 Employee labor recovery per hour 123.66 Total Employee Cost 123,66 Equipment Cost per hour 235 Total Equpment Cost 235 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($10 Each) 0 Containers of Chemicals {$1 Each) 6 Freon Removal Recovery ($20 each> 0 Total Cost of Abatement 484.66 Items Removed from Property Trash and brush Final Photos Attached Data

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Track Another Package +

Ramove X

Tracking Number. 70161370000160398576

Delivery Attempt: Action Needed

Product & Tracking Information See Available Actions

Postal Prod®t: F••tur•s: Certified Maii"'

OAT£& TIME STATUS Of ITEM LOCATION Remmder to Schedukt ...R~ W.~ of vour rtem

This is a rominoer to arrang~ ror redoitvOI)' of yoot ittlm or ycur itfm'! will b$ rtturned to sendw. You rruty arrange mdeliv~ by using tha SchQd\.$ a A«telivery feature on this page or c.aUing 800,ASI<·U.SP$. «may pick up the it~ at the Polit Office indiCated on tn. noUct.

July17,2017, 11:02am Notice left {No Authorized Recipient Availab~} SPRINGOAlE. AR 72764

July 15,2017.8:43 pm Oap~ed USPS Re9lonal Origin Facility FAYETTEVIl.I;..E AR DISTRISUTION CENTER

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CX) 0 r-f a_ • Complete items 1~2. and 3. AJso.'OOmpleto item 4 it Restricted Delivery Is d8$lred. Print your name and addreH on tho reverse so t.hat we ean return the card to you, • Attach this card to the back of the maHpiece. or on the front if spllC$ permits. 0. fs deliVery addfess different ·trom Item 1 1. Amcle .Addrt~Md to: '>1·- If Y~~nter deliVery address be.fow: CJ No

Ken Calhoon~ Registered Agent FOf Arwst Barak Hilburn, Calhoon. Harper One Riverfront Pt.ee, Suite 100 North Little Rock, AR 72114 a•• ·SJrvfee ryp. ~ Ma.ita 0 Priority Mall Express"' ; . : ::: ~ .... c.~ ~tum ReeelptforMerchandlse [J Insured Mail 0 CQtlect on Oelivery

2. ~ lllumtl« {Tram/et' M>m MHVICQ llbttl) ~Q1b 1370 0001 6039 8583 PS form 3811, July 2013 Oomcmio Return Re<:eipt

0 "'r-1. c.. Office Of The CitlJ ?lttor1te1f .r ,, __~~· ... - · ·-~ ..- .,. 2t11 S1n·it'W St1·eet - ',. I ';, ~ £. ~. ·.,n _. \ SJ"t"it'Biak~ ~.tt,·IU.ms&:u 127~4 'Phcml (4 79) 75~~S?OO -~ . ~Fax (479) 750·4732 ~ ..... www. :;·uri?VJtfi1 lt'm·.mw './' ~- r.}

July 6, 2017

Xnw5t 1E. Cate City ~ttomcy CERTIFIED MAIL ecate @springdalear.gov RETURN R.ECElPT 'REQlJESTED AND REGULAR lVIAIL Tt1yfor Satt~J(es Senwt· 'D~pmy Cit_y ~ttomcy 1samples @springoalear.gov Daniel Warren EJdson 2507 SW Choctaw St. Sarafi ~,m-kman 'D~~'U.t:J City 'Attcr•nt~):f Bentonville~ AR 72712 sspalkmarl @springdalear.g<>v RE: Notice of clean-up Hen on property located at 106 Terry Avc., T>avid-'D. 'Phillt)1s Springdale~ 815~ 'D~pury City ~1ttm·

L11ntfa ·Bdved1·csi Dear l\1r. Eidson: ca·Si' CQ{]ldinatcf/ Vicrim :it(f\·oc~lte l~vef.'[email protected] On AprH 18, 20 I 7. notice was posted on property located at 106 Teny Ave., Springdale~ Stev~ 1-lefms Arkansas, that the property was in violation of Springdale City 'Jm·i.'st- ~JiJtCt• Ordinance 42-77 and 42-.. 78, and needed to be retnedied within seven (7) days. shelms@ springdalear.gov Notice was mailed to the O\vner of record on April 18~ 2017, that the City Cinlv '}[otBcf intended to seek a dean.. up Hen on this property pursuant to Ark. Code Ann. § 14- 71dinini.stt·i1tivc .U,qa( 54 ... 903 if the violations were not remedied. The notice also applied to any ~ssistaut)Pcm~ktJ~[ violations that n1ay be tound. on .the property within the next 12 months. chorlick @springdalaar.gov jarque 'Roth Subsequent to the above-referenced violation notice being issued) a city code 'Docf.et c,-,._,rJinator/ violation was found to have existed on the property. As a result, the City of 'Discow1~ Cle:rk Spri_ngda.le took action to re.rnedy the violations 9n the property, as is allowed by jroth@ spnngdalear.gov A.rk. Code Ann. § 14-54-903, on or about May 24~ 2017. As of this date, the total c-osts incurred by the City of Springdale to clean this property are $964.48. I have enclosed an invoice evidencing the abaternent costs incurred and paid by the City of Springdale to clean this property. ,Also, in accordance with Ark. Code Aru1. § 14 .. s4 .. 903(c)(4), adtninistrative fees n1ay be added to the total costs incurred by the City of Springdale. wl1ich wHl inClude ce:rtitled tnailing tee in the amount of $6.74 per letter and a ·filing fee in the amount of $15.00 to the Washington County Circuit Court

This is to notii)r you that in the event this an1out1t is not paid to the City of ~pringdale on or before August 22) 2017, a hearing co:nt1m1ing the axnount of the lien will be held before the Springdale City Council pursuant to Ark, Code Ann. §14·54-903 to detennine the anlo\..mt of the clean-up lien to V~~'hich the City is entitled for cleaning up the property. The hearing confirming the am.ount of the lien \Vill be held Tuesday, August 22, 2017 ~ at 6!00 p.m. in the City Council

0_... _.... a.. Chan1bers at the City Adxninistration Building, 201 Spring Street, Springdale, Arkansas. If this amount is paid prior to the hearing~ no lien will be pursued.

Please remit the total sun1 of $971.22, which includes $964.48 for dean:ing up the property and $6.74 f(lr certified 1nailings to the City of Springdale by the date listed above. Jf you fail to pay this amount before the hearing, then an additional $15.00 will be added tor the costs of filing the ordinan.ce with the Circuit C.lerkls Office. Please provide n1e with a copy of any payn1ent you ruake so that I will be aware of it.

If you desire to contest the an1ount sought above~ you \:vill need to contact l\1issha Wagoner, Supervisor of Cmnnlunity Engagen1ent at 479,.756·7712 for an appointlnent and she \\'ill give you a c.outt date in Springdale District Court where you will have the opportunity to state your case before Judge Jeff Harper.

This letter is also being Jnailed by regular mail to Daniel Warren Eidson at the address above. Delivery of that letter by the U.S. Postal Service shall warrant service should the cc.rtified letter be returned.

If you should have any questions, please Jet me know.

Sincerely~ J~ Sarah-t,1rkman Deputy City Attorney enclosures SS;ch cc; Lisa L. KeHey Atiorney at La\.\' 122 South Main St. Bentonville, AR 72712

r-1 r-1 r-1. a_ City .of Spnngda1e Code Euforcemeo

CITY ABATEMENT·2017 .. • 5124/2017 10:04 AM (BRADLEY -1)

Form Started~ 5/24/2017 10:58:42 AM Form Submitted 5/24/2017 10:58:42 AM Status: CITY ABATEMENT Order# CTER106-02

Form Fields: Property Address 106 Terry Before Ptcture Attached Data

Before Picture Attached Data

P;,igc I nf3

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Type of Abatement Lien Date of Abatement 512412017 9:04 AM Officer on Site- B. Clyne

Labor Rate Recovery Employee Henry Hernandez HH Benefit Rate $54.84

Method of Complian<;e 1 Method of Compliance Mowlng,Property Clean Up· Junk and Trash

Equipment Used 748 Grasshopper.743 Kubota,6031 Service Truck· Equipment Landseaping,6050 1·ton Wort< Truck Landscaping 748 Grasshopper $55 743 Kubota $65 6031 Service Truck-Landscaping $35 6050 1·ton Work Truck-Landscaping $35

Ttme of Abatement 1n Hours 1 Number of Temporary Laborers 6 Temporary labor Rate Recovery 144 Employee labor recovery per hour 89.84 Total Employee Cost 89.84 Equipment Cost per hour 190 Tota1 Equpment Cost 190 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($10 Each) 0 Containers of Chemicals ($1 Each) 0 Freon Removal Recovery ($20 each} 0 Totat Cost of Abatement 543.84 Items removed from property include brush and limbs old Items Removed from Property garbage cans old pipe scrap metal. City landscaping crew taken from project on city property for this abatement Movvmg and weed eating done on property, Final Photos Attached Data

Pagl! 1 t)r_;

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Final Photos Attached Data KPJ

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Final Photos Attached Data

Page 3 nf1

.q r-1 r-1. 0... CITY ABATEMENT ·2017 - ~ 5124/2017 11 :20 AM (2 .. BULKY WASTE .) Form Started: 5/24/2017 11:34:12 AM Form Submitted: 5/2412017 11:34: 12 AM Status: CITY ABATEMENT Order CTER1 Q6 ... Q.2

Form Fields: Property Address 106 Terry ave Before Picture Attached Data

Before Picture Attached Data

Before Picture Attached

Type of Abatement Lien Date of Abatement 5/24/201 7 10:20 AM

Labor Rate Recovery Employee Chris Myers.Peter Wilson CM Benefit Rate $33.16 PW Benefit Rate $32.48

Method of Compliance

Equipment Used

J•ag~ I of:!

LO r-t r-t. 0.. City of Springdat C()de Enforcement

ru.,_._ . _ , ~ ., dUtu ....~

Equipment 6601652 New Bulky Waste Truck,6003 4><4 Service Truck 660 New Bulky Waste Truck $200 6003 4x4 Service Truck $35

Time of Abatement in Hours 1 Number of Temporary Laborers 0 Temporary Labor Rate Recovery 0 Employee labor recovery per hour 65.64 Total Employee Cost 65.64 Equipment Cost per hour 235 Total Equpment Cost 235 Disposal Cost Recovery $100 Number of Tires Removed ($2 Each) 0 Number of Electronics Removed ($1 0 Each) 0 Containers of Chemicals ($1 Each) 0 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 420.64 Items Removed from Property Blocks. brush, old cart, trash Finat Photos Attached Data

Page .2 or ..

'-0 r-1 r-1. a.. USPS Tracking• Results FAQe > (http;!lf.-q.u$pJ.eoml?llrticleld;;2209

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Tracking Number: 70161370000160396415

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Updated Delivery Day: Saturday, July 8, 2017

Postal Product: FQ'h.lra; Certified Mail'"

OATEJ,TlM!; Sl"Al\JS {If m:.M l.OCA110t-J

Juty 8, 201'1, 10:36 am o.ttvertJd, &.Aft with Individual 8£NTONVIli..E, AR 72712 • Your itom was d~t.liVaftld ~o gsn imlillidY4l !It ti'* ad!h3:!i $11 11,):38 arn ~~ J.\.lly &. 2011 ir1 8ENTONVllJ,,.E:, AR 7271:;.

July 8, 2017, "i:44 am Out for O.w-.ry t;ENTONVILl..E. AR 72712

July 8. 2017. '7:34 arn Sorting C cmplr.~te BENTONVILLE, AR 72II 2

july 8, 2017, 7;05 am Arrived at Unit SENTONV!Ltei, AA 74!712

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f"'o-.. r-1 r-1 a.. ·r· -- Office Of 'T'fie C'ittf ~ttorney • - 201 5yri11fj sif·e~t - Srrin,qdi.1fe, 1t1·~m.sa.s 72764 ~ - L ·Pflont~ (479) 756·59''C' 'ft~X (4-79) 750·47~2 wwh·.~p,·i'JtJd~1lca1·.t.1~-"~v

July 6~ 2017 i~ntcst 'B. Cdtt! City ~AttlWIU'_lf [email protected] CERTIF'IED 1\tAlL RETURN RECEIPT REQUESTED 'TavG:w Sam~?fes S<:nfr1r •Dryut'!i' AND REGlTLAR MAIL City 'fltronu:y [email protected] DCB Global Enterpriset LLC Sara.li ~ -,arlimm1 51 'DtJtuty City '7\ttonu·_y 11817 51 NE ssparkman @springdalear.gov f\.1ichigan~ NO 58259

'David 1J. 'Pfii{(iy~ RE: Notice of clean-up Hen on property located at 1810 \:Vheatland 'D~puty City Attonuy [email protected] Ave.~ Springdale, Washington County, Arkansas~. Tax Parcel No. 815-32561 Mooo Lynda ':Befvetfn:sf Case Cocliu111tm/ Victim ?W'\·(Jcati' Dear Propetty Owner: lbelvedresi @springdalear.gov Stt':\'e 'J{e(m.s On April 27, 2017. notice was posted on property located at 181 0 \Vbeatland ')lrw£t~Jatm· Ave.~ Springdale, Arkansas, that the property was in violation of Springdale City shelrns@ springdalear.gov Ordinance 42 .. 77 and 42-78 .. and needed to be rentedied within seven (7) days. c ilu{'11/.orti ck Notice was tnailed to the OVv'ner of record on April 27, 20·1 7~ that the City 'Aatl!inist'l·arivi' L~eu.f' intended to seek a clean .. up lien on this property pursuant to Ark. Code Ann. § 14· ?t.$$·istant/'Jiara{et1a{ 54 .. 903 if the violations \:vere not remedied. The notice also applied to any chorlick @springdalear.gov violations that may be fow1d on the property \-vithin th~ next 12 n1onths. Jacque 'Rctf1 1)ockct Cnm·di,tatm/ Subsequent to the above-refe.renced violation notice being issued, a city code 1Ji5COW:TJ Chk viol_ation was found to have existed on the property. As a. result, the City of [email protected] Springdale took action to re1nedy the violations on the prop~11y, as is allowed by Ark. Code t\nn. § 14-54 .. 903. on or about May 24, 2017. As of this date~ the total costs incurred by the City of Springdale t.o clean this property are $543.84. I have enclosed an invoice evidencing the abaten1ent costs incurred and paid by the City of Springdale to clean this property. Also, in accordance with Ark. Code Ann. § 14-54-903(c)(4), adtninistrativc fees n1ay be added to the total costs incurred by the City of Springdale! which will include ce,rtified n1ailing fee in the auu~unt of $6.74 per Jetter and a f11ing f"Ce in the an1ount of$15.00 to the Washington County Circuit Court.

This is to notify you that in the event this amount is not paid to the City of Springdale on or before August 22, 201 7, a hearing confirming the am.ount of the Hen will be held before the Springdale City Council pursuant to Ark. Code Ann. § 14·54-903 to detern1ine the amount of the clean·up lien to which the City is entitled for cleaning up the property. The hearing confirn1ing the arnount of the

co r-1 r-1. a.. lien will be held Tuesday, August 22, 2017) at 6:00 p .. m. in the City Council Chambers at the City Administration Building, 201 Spring Street, Springdale, Arkansas. If this amount is paid prior to the hearing~ no lien will be pursued.

Please ren1it the total sun1 of $550.58, which includes $543.84 for cleaning up the property and $6.74 for certified n1ailings to the City of Springdale by the date listed above. If you fail to pay this amount before the hearing, then an additional $15.00 will be added for the costs of filing the ordinance with the Circ.uit Clerk's Office. Please provide me with a copy of any payment you make so that l will be aware of it.

If you desire to contest the an1QUllt sought above~ you v.rill need to contact Missha Wagoner~ Supervisor of Community Engagement at 479 .. 756 .. 7712 fbr an appointment and she will give you a court date in Springdale District Court where you \\rJJI have the opportunity to state your case beibre Judge Jeff Harper.

This letter is also being n1aHed by regular mail to DCB Global Enterprise: LLC at the address above. Delivery of that letter by the U.S. Postal Service shaH warrant service should the certit1ed letter be returned.

If you should have any questions, please let me know.

\ Sarah Sparkman Deputy City Attorney enclosures SS:ch

~ 1""""'1 1""""'1. c.. CltyofSpr· Code Enforcemet't

CITY ABATEMENT·2017 • • 5/24/2017 2:03PM (BRADLEY ·1) Form Started: 5124/2017 2:30:39 PM Form Submttted: 5/24/2017 2:30:39 PM Status · CITY ABATEMENT Order# CWHEA 181 Q..02

Form Fields: Property Address 181 0 Wheatland Before Picture Attached Data

Before Picture Attached Data

Before Ptcture Attached Data

P ug~ l of3

0 N 1""""f. a.. Cityo Coct. Enfor~ment:

Type of Abatement Lien Date of Abatement 512412017 1:03PM Officer on Site- B. Clyne

Labor Rate Recovery Employee Henry Hernandez HH Benefit Rate $54.84

Method of Compliance 1 Method of Compliance Mowing,Property Clean U p~ Junk and Trash

Equipment Used 748 Grasshopper.743 Kubota,6031 Service Truck .. Equtpment L.andscaping .. 6050 1.. ton Work Truck landscaping 748 Grasshopper $55 743 Kubota $65 6031 Servtce Truck ·Landscaptng $35 6050 1-ton Work Truck-Landscaping $35

Time of Abatement in Hours 1 Number of Temporary Laborers 6 Temporary Labor Rate Recovery 144 Employee labor recovery per hour 89.84 Total Employee Cost 89.84 Equipment Cost per hour 190 Total Equpment Cost 190 Disposal Cost Recovery $100 Number of Tires Removed {$2 Each) 0 Number of Electronics Removed ($1 0 Each) 0 Containers of Chemicals {$1 Each) 0 Freon Removal Recovery ($20 each) 0 Total Cost of Abatement 543.84 No items removed from property. Mowing and weed Items Removed from Property eating done on property. City landscape crew taken from other projects for abatement on thts property. I Ftnal Photos Attached Data

Pag~ 2 (lr~

1""""'1 N 1""""'1. 0... ~ .rit.... ~J>· ~ ~ ~ Q) m ~ ... 0 0 ::r :::r {l) $ Q . a. 0w c or ~

P.l22 r.-~~- · · . - .. -- DC8 Global Emerpri$ef llC 11817 51st NE Michigan~ NO 61219

2, Micka Number (franJfM trcm ~" l!bftl) ?Olb 1370 0001 b039 8422 PS Form 3811, ·July 2013 Domestic Return Rooeipt

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