HUSCH BLACKWELL RECEIVED Kevin A. Meyers . 0 4 0 2012 Attorney 901 St. Louis Street, Suite 1800 04*04% Springfield, MO 65806 Direct: 417.268.4109 Fax: 417.268.4040 kevin. meyers@huschblackwell.com February 9,2012 Ms. Kay Brown County Clerk of Christian County 100 W. Church St., Room 206 Ozark, MO 65721 Re: Waiver of Service, Entry ofAppearance, and Consent to Judgment Nixa R-2 Schools Our File No. 14387-1 Dear Kay, Pursuant to our call today, enclosed please find a document entitled Waiver of Service, Ently of Appearance, and Consent to Judgment in the matter regarding the Nixa School District's attempt to remove its bond issue from the April ballot. As we discussed, please execute the enclosed document and return it to me and we will see to it that it gets filed with the Court. My cdntact information is above. You should have already received a courtesy copy of the lawsuit via fax today, along with a cover letter from me explaining everything*in the same manner as our discussion today. Thank you again for taking my calI and for your time and energy working with my firm to bring this matter to a close. If you have any questions at all, please do not hesitate to contact me. Sincerely, Ke4 -,Meyel. J KAM/lkp , Enclosure CC: Virginia Fry Husch Blackwell LLP SPH-2056088-1 IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, 5 Case No. VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, County Clerk of Stone County, and RICHARD STRUCKHOFF, County Clerk of Greene County, Defendants. WAIVER OF SERVICE. ENTRY OF APPEARANCE AND CONSENT TO JUDGMENT COMES NOW Defendant Kay Brown, a Defendant in the above-entitled cause, and voluntarily enters her appearance herein, and acknowledges service upon her a copy of the Petition To Remove Request For Bond Approval From Ballot. Defendant Brown admits that she is the duly elected CIerk ofthe County Commission of Christian County, Missouri. Ms. Brown further admits that she. is the election authority for the purposes of conducting an election for the Nixa Reorganized School District No. R-2 of Christian County, Missouri. Ms. Brown hai no opposition to the relief sought by the School District and has reviewed and is in agreement with the proposed Court Order. DATED this /O* day of February, 2012. m jo»- Kay r V jrown. Clerk ofthe County Commission Christian County, Missouri SPH-2055865-1 Subscribed and sworn to before me, on the ) 0 day of February 2012. Witness my hand and official seal, the day above written. n (16 FA ny )12£-IJ r Notarytblic My commission expires: V @5u25 MITCHELL Notary Seal STATE OF MISSOURI Christian County My Commission Expires July 26, 2014 Commission#10998901 SPH-2055865-1 1/ NOTICE OF BOND ELECTION NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY Notice ·is hereby given to the qualified voters of Nixa Reorganized School District No. R-2 of Christian County, Missouri that tile Board of Education in said School Disttict has called a special election to be held in said School District on Tuesday, April 3, 2012, commencing at six o'clock A.M. and closing at seven o'clock P.M., on the question contained in the following sample ballot. OFFICIAL BALLOT SPECIAL BOND ELECTION NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI Tuesday, April 3, 2012 QUESTION Shall Nixa Reorganized School District No. R-2 of Christian County, Missouri, incur indebtedness and issue its YES O general obligation bonds in the amount of 59,000,000 for the purpose of building additions to and renovating, repairing and improving existing school buildings and NO O facilities and furnishing and equipping the same and acquiring school buses? If this proposition is approved the adjusted debt service levy of the DiSUiCt iS estimated to remain unchanged at $1.0666 per one hundred dollars assessed valuation ofreal and personal property. INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X ill the box opposite "YES". If you are opposed to the question, place an X in the box opposite "NO". The authorization of said bonds will authorize the levy and collection of an annual tax in addition to all other taxes provided for by law on all taxable tangible property in said School District sufficient to pay the principal of and interest on said bonds as they fall due and to retire the same within twenty (20)years from the date thereof. The polling place for voters in the School District residing in Christian, Stone and Greene Counties will be at: 1054001.1 Christian Counly: Stone County: Greene County: DONE by order of the Board of Education this 10th day of November, 2011. nn Scott, Secretal 3rd of Education ot Nlxa Reorganized School District No. It-2 of Christian County, Missouri 1054001.1 = 4 F r FILEI) -RARRARA D. STILLINGS IN THE CIRCUIT COURT OF CHRISTIAN COUNI Y FEB 17 2012 NIXA REORGANIZED SCHOOL DISTRICT NO. It-2 OF CHRISTIAN COUNTY, CIRCUIT CLERK CHRISTIAN COUNTY, MO MISSOURI, Plaintiff, ) Case No. 2. ET - A 6 00 1 6 2 VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, County Clerk of Stone County, and ' RICHARD STRUCKHOFF, County Clerk of Greene'County, Defendants. ORDER Pendink before the Court is Plaintiffs Petition to Remove Request For Bond Approval From Ballot. The Defendants, who are the clerks of the county commissions for Christian, Stone, and Greene Counties, have waived service, filed their Entry of Appearance, and agreed to the reliefrequested by the School District. It is therefore ORDERED, ADJUDGED AND DECREED that the request for special bond 61ection on behalf of the Nixa Reorganized School District No. R-2 of Christian County, Missouri shall be stricken from the April 3, 2012 ballots in Christian, Stone, and Greene - Counties, Missouri. All taxable costs assessed to Plaintiff. IT IS SO ORDERED this (7 day of February, 2012. r Li Ki - -'41 Vt'.11 r rhe Unnorahle Mark E Orr f . -' Circuit Court of Christian County, Missowi y A-rreeTA TRUE C27¥: MIl CO + i STILL.INGS, CIRCuRK : SPH-2055859-1 CH I COUNTY, M.- 1 ...57 Ea 19 Al 11£L . -- (816) 983-8000 2/16/2012 3:40:21 PM PAGE 2/015 Husch Blackwell IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ' ) Case No. 12CT-CCOO 1,62 VS. KAY BROWN, County Clerk of Christian County, and JUDYBERKSTRESSER, County Clerk of Stone County, and RICHARD STRUCKHOFF, County Clerk of Grcenc County, Defendants. ) MOTION FOR ENTRY OF CONSENT JUDGMENT COMES NOW PlaintiffNixa Reorganized School District R-2 of Christian County, Missouri, ("Plaintiff') and states as follows for its Motion for Entry of Consent Judgment: 1. The above-captioned action is a lawsuit filed by Plaintiff seeking a Court Order to remove an upcoming bond issue fi·om the ballot of Christian, Greene, and Stone Counties in Missouri. The bond issue passed during the February election making its presence on the April ballot unnecessary. 2. Defendants have waived formal service ofprocess and by the documents attached to this Motion formally entered their appearance. See Exhibits A, B, and C, Waiver of Service. Entry of Appearance. and Consent Judgment executed by each defendant. SPH-2056575-I (816) 983-8000 2/16/2012 3:40:21 PM PAGE 3/015 Husch Blackwell 3. Exhibits A, B, and C further state that Defendants have reviewed the pleadings inthis matter and consent to judgmentbeing entered against them in the form of the proposed Order attached to this Motion as Exhibit D. 4. With the consent and blessing of ali Defendants, tile undersigned hereby respectfully requests the Court enter tIle Order in the fonn attached hereto as Exhibit D, which will fully resolve all issues before this Court. WHEREFORE, the parties request the Court enter an Order in the form attached hereto as Exhibit D, and grant the parties such other and further relief deemed just and appropriate under the circumstances. Husch Blackwell LLP #28895 Kevin A. Meyers' · #58683 901 St. Louis Street, Suite 1800 Springfield, MO 65806 Telephone: (417) 268-4000 Facsimile : (417) 268-4040 Attorneys for Plaintiff . SPH-2056575-1 (816) 983-8000 2/16/2012 3 i 40 :21 PM PAGE 4/015 Husch Blackwell LLP CERTIFICATE OF SERVICE r 6 The undersigned certifies that a true copy gf the foregoing Petition To Remove Request For Bond Approval was served this / 4 day of February, 2012, via facsimile, to: Kay Brown Judy Berkstresser County Clerk ofChristian County County Clerk of Stone County 100 W. Church Street, Room 206 108 E. 4Rt Street Ozark, MO 65721 P O Box 45 Telephone: (417) 581-6360 Galena, MO 65656 Facsimile: (417) 581-8331 Telephone: (417) 357-6127 Facsimile: (417) 357-6861 Richard Struckhoff County Clerk of Greene County 940 Boonville Avenue Springfield, MO 65802 Telephone: (417) 868-4055 Facsimile: (417) 868-4170 /444 ++Al•na,i k.,1.3 SPH-2056573-1 (816) 983-8000 2/16/2012 3:40:21 PM PAGE 5/015 Husch Blackwell IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ) Case No. VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, County Clerk of Stone County, and RICHARD STRUCKHOFF, County Clerk of Greene County, Defendants. WAIVER OF SERVICE, ENTRY OF APPEARANCE AND CONSENT TO JUDGMENT COMES NOW Defendant Kay Brown, a Defendant in the above-entitled cause, and voluntarily enters her appearance herein, and acknowledges service upon her a copy of the Petition To Remove Request For Bond Approval From Ballot. Defendant Brown admits that she is the duly elected Clerk ofthe County Commission of Christian County, Missouri. Ms. Brown further admits that she is the election authority for the purposes of conducting an election for the Ni)ca Reorganized School District No. R-2 of Christian County, Missouri. Ms. Brown has no opposition to the mlief sought by the School District and has reviewed and is in agreement with the proposed Court Order. DATED this /OF'-day ofFebruary, 2012. Kay Drown Clerk ofthe County Commission Christian County, Missouri EXHIBIT SPH-2055865-1 (816) 983-8000 2/16/2012 3:40:21 PM PAGE 6/015 Husch Blackwell Subscribed and sworn to before me, on the ) 0 day ofFebruary 2012. Witness my hand and official seal, the day above written. 151uLL Notary,*blic My commission expires: V MM#Mik ANN.MITCHELL Notam public= Notarv Soa STATE OF MISSOURI Chrls(]an County My Commission Expires July 26, 2014 Commission#10998901 SPH-2055865-1 (816) 983-8000 2/16/2012 3'40:21 PM PAGE 7/015 Husch Blackwell IN THE CIRCUIT COURT OP CHRISTIAN COUNTY NIXAREORGANIZED SCHOOLDISTRICT NO. R.2 OF CHRISUAN COIJNTY, MISSOURI d i Plaintiff; ) Case No. VS. KAY BROWN, County Cledc of Christian County, and JUDYBERKSTRESSER, County Clerk of Stone County, and RICHARD NTRUCKHOFF, County Clerk of Greene County, Defendanti WAIVER OF SERVICE. ENTRY OF APPEARANCE AND CONSENT TO JUDGMENT COMES NOW Defendant Judy Berkstrosser, a Dofcndant in the above-entitled capse, and voluntarily enters her appearance herein, and acknowledges service upon her a copy of the Petition To Remove RequestforBond Approval From Ballot Defendant Berkstresser admits that she is tile duly elected Clerk ofthe County Commission of Stone County, Missouri. Ms. Berkstresser further admits that Kay Brown is the election authority for the purposes of conducting m election for the Nixa Reorganized School District No. R-2 of Cbristian County. Missouri. Ms. Berkstresser has no oppositionto the relief sought by the School District and has reviewed and is in agreement with the proposed Court Order. . 1* DATED tbis ,/.. day ofFebrumy, 2012 22222-ex_j 1077*trk#0, Nser Clerk of the County Commisi€. Stone County, Missouri SPH-2055866·1 (816) 983-8000 2/16/2012 3240:21 PM PAGE 8/015 Husch Blackwell Subscribed and Sworn to before me, on the_/5!day ofFebruary. 2012. Witness my hand and official seal, ihe day above written. 10,6-91.111' Notd, Public / My commission expires: 1- DEE ANN.BLANKENSHIP . 1 Notary Publlo, Notaty Seal Slotiof MIsiotifi My COnlSDIssion EXP.tret Soptembet 05, 2016 stone County Commisslorl # 11431064 . % SPH-2053866-1 2 010; 80.3-6000 2/16/2012 3:40:21 PM PAGE 9/015 Husch Blackwell IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIla REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ) Case No. VS. KAY BROWN, County Cleilc of Christian County, and JUDY BERKSIRESSER, County Cledc of Stone County, and RICHARD STRIJCKHOFF, County Clerk of Greene County, Defendants. WAIVER OF SERVICE. ENTRY OF APPEARANCE AND CONSENT TO JUDGMENT COMES NOW Defendant Richard StruckhofF, a Defendant in the above-entitled cause, and voluntarily enters his appearance herein, and acknowledges service upon him a copy ofthePetition To RemoveRequestforBond ApprovalfromBallot. Defendant Struckhoff admits that he is the duly elected Clerk ofthe County Commission of Greene County, Missouri. Mr. Struckhoff further admits that Kay Brown is the election authority for the puKposes of conducting an election for the NixaReorganized School DistrictNo. R-2 of Christian County, Missouri. Mr. Struckhoff has no.opposition to the relief sought by the School District and has reviewed and is in agreement with theproposed Court Oider. DATED this £71 day of February, 2012. 299« Cled[ of the County Commission Greene County, Missouri EXHIBIT SPH-2055861-1 tL (616) 983-8000 2/16/2012 3:40:21 PM PAGE 10/015 Husch Blackwell LLP Subscribed andswomtobeforeme,onthe 9 day of February 2082. Witness my hand and official scul, the day above written. 64.twk 41 4. te'u Notary Public My commission expires: .jff*- LORAINEA BRUER My Commission Bplms *·.. SML,·* Augus!22,2014 Greme County 4/qf. Commlsslort #10511141 SPH-2055861-1 2 (816) 983-8000 2/16/2012 3:40:21 PM PAGE 11/015 Husch Blackwell LLP IN THE CIRCUIT COURT OF'CHRISTIAN COUNTY NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ) Case No. VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, County Clerk of Stone County, and RICHARD STRUCKHOFF, County Clerk of Greene County, , Defendants. ) ORDER Pending before the Court is Plaintiffs Petition to Remove Request For Bond Approval · From Ballot. The Defendants, who are the clerks of the county commissions for Christian, Stone, and Greene Counties, have waived service, filed their Entry of Appearance, and agreed to the relief requested by the School District. It is therefore ORDERED, ADJUDGED AND DECREED that the request for special bond election on behalf of the Nixa Reorganized School District No. R-2 of Christian County, Missouri shall be stricken from the April 3, 2012 ballots in Christian, Stone, and Givene Counties, Missouri. All taxable costs assessed to Plaintiff. IT IS SO ORDEIUED this day ofFebruary, 2012. The Honorable Mark E. Orr Circuit Court of Christian County, Missouri EXHIBIT SPH-2055859-t (816) 983-8000 2/16/2012 3:40:21 PM PAGE 12/015 Husch Blackwell IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIXAREORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ) Case No. 12CT-CC00162 VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, County Clerk of Stone County, and RICHARD STRUCKHOFF, County Clerk of Greene County, Defendants. ) MOTION TO SHORTEN TIME COMES NOW Kevin A. Meyers and moves the Court to shorten time for hearing Plaintiffs Motion for Ently of Consent Judgment to 9:00 a.m., Friday, February 17, 20I2 or as soon thereafter as counsel may be heard. Husch Blackwell LLP Virgierr#AFr¥ #28895 Kevin A. Mey#rs 1 #58683 901 St. Louis 84{jet, Suite 1800 Springfield, MO 65806 Telephone: (417) 268-4000 Facsimile : (417) 268-4040 Attorneys for Plaintiff SPH-2056639-1 -1 r 13/015 Husch Blackwell- 3 · (816) 983-8000 2/16/2012 3:40:21 PM PAGE In CERTIFICATE OF SERVICE The undersigned certifies that a true copy ofthe foregoing Motion to Shorten Time was served this 16th day ofFebruary, 2012, via facsimile, to: Kay Brown Judy Berkstresser County Clerk of Christian County County Clerk of Stone County 100 W. Church Street, Room 206 108 E. 4"t Street Ozark, MO 65721 P O Box 45 Telephone: (417) 581-6360 Galena, MO 65656 Facsimile: 017) 581-833I Telephone: (417) 357-6127 Facsimile: (417) 357-6861 1Uchard Struckhoff County Clerk of Greene County 940 Boonville Avenue Springfield, MO 65802 Telephone: (417) 868-4055 Facsimile: (417) 868-4I70 ath \Atorner J/- 0 SPH-2056639-1 (816) 983-8000 2/16/2012 3:40:21 PM PAGE 14/015 Husch Blackwell LLP IN THE CIRCUIT COURT OF CHRISTIAN COUNTY NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 OF CHRISTIAN COUNTY, MISSOURI, Plaintiff, ) Case No. 12CT-CC00162 VS. KAY BROWN, County Clerk of Christian County, and JUDY BERKSTRESSER, Comity Clerk of Stpne County, and RICHARD STRUCKHOFF, County Clerk of Greene County, Defendants. . ) NOTICE OF HEARING PLEASE TAKENOTICE that the undersigned will call up for hearing Plaintiffs Motion to Shorlen Time for Hearing and Motion for Entry of Consent Judgment on Friday, February 17,2012, at 9:00 a.m. or as soon thereafter as counsel may be heard. Husch Blackwell LLP V #28895 Kevin A, 'Me)lersJ #58683 901 St. Louis Eitrdt, Suite 1800 Springfield, MO 65806 , Telephone: Oil7) 268-4000 Facsimile : (417) 268-4040 Attorneys for Plaintiff (816) 983-8000 2/16/2012 3:40:21 PM PAGE 15/015 Husch Blackwell LLP 9 t CERTIFICATE OF SERVICE The undersigned certifies that atrue copy ofthe foregoing Notice of Hearing was served this 16!h day ofFebruary, 2012, via facsimile, to: Kay Brown Judy Berkstresser County Clerk of Christian County County Clerk of Stone County 100 W. Church Street, Room 206 108 E. 4th Street Ozark,·MO 65721 P O Box 45 Telephone: (417) 581-6360 Galena, MO 65656 Facsimile: (417) 581-8331 Telephone: (417) 357-6127 Facsimile: (417) 357-6861 Richard Slruckhoff County Clerk ofGreene County 940 Boonville Avenue Springfield, MO 65802 Telephone: (417) 868-4055 Facsimile: (417) 868-4170 Attorney