JUNE 22, ELECTION CERTIFICATION A Official results of the June 22, 2010 Mail-In Election by the Clever Highway 14 Community Improvement District, located 675 feet west of the intersection of Highway P and Highway 14 in Clever, Missouri. Number of Ballots Cast 1 Number of Ballots Voting "Yes" 1 Number of Ballots Voting "No" We, the two (2) election judges appointed by the County Clerk of Christian County, Missouri, do hereby certify that we canvassed tile ballots cast at a mail-in election held in Christian County, Missouri on June 22, 2010. IN TESTIMONY WHEREOF, we have hereunto set our hands and seals on this 22nd day ofJune, 2010. O 4*1nu €V©Ft£2(-O 1 Mari:in Matthews, Republican Election Judge A haL, .,L£.44- Erin Glossip, Demodktic Election Judge IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 22nd day ofJune, 2010. -- I.*641 61+3 I ir Kay BrAh, Christian County Clerk/Election Authority *tijailt ill 1,0,4,4 4 OM,1(, 1. i OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT To vote, darken in the oval completely next to your choice, like this 0 If you are in favor of any question submitted upon this ballot, darken the oval to the left ofthe word "YES". If you are opposed to any question submitted upon this ballot, darken the oval to the left of the word "NO". If you tear, deface, or make a mistake and wrongfully mark any ballot, you must return it to the election judges and receive a new ballot. QUESTION NO. 1 SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS ORNOTIES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY ]MPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? O YES () NO From: Doriell Gross Fox: +1 (888) 790-1288 To: Kay Brown Fax: +1 (41D 581-8331 Page 4 of 106/21/2010 10:30 EXHIBIT A NOTICE OF ELECTION I, Kay Brown, County Clerk of Christian County, Missouri, chief election authority for the same, do hereby cause to be published in a newspaper of general circulation in accordance with Missouri Revised Statutes 115.127 a notice ofa special election to be conducted in accordance with Missouri Revised Statues 115.650 through 115.660, known as the "Mail in Election" statues. All qualified voters shall be eligible to vote in said election in accordance with Missouri election laws as herein provided. NAME OF DISTRICT I-IOLDING ELECTION: Clever IIwy 14 Community Improvement District. GENERAL BOIJNDARIES OF THE DISTRICT: The Clever Hwy 14 Community Improvement District compromises estimated 1.98 acres of land lying north ofHwy 14 an estimated 675 feet west ofthe intersection ofHwy P and Hwy 14 containing an estimated 200 feet along Hwy 14 and an estimated 432 feet deep located in the City ofClever, Missouri. TYPE OF TAX: One question will be on the ballot imposing a sales tax. RATE OF TAX: The sales tax rate is 1 %. DURATION AND PURPOSE OF TAX: Both taxes shall have a duration of thirty (30) years and both shall be used for public improvements within the District, repay bonds or notes issued by the District, be pledged to secure repaj,ment of such bonds or notes, fund other necessary improvements within the District, and fund the cost ofoperation ofthe District. DATE BALLOTS SHALL BE MAILED TO QUALIFIED VOTERS: Ballots shall be mailed June 10, 2010. DATE OF ELECTION: June 22, 2010 QUALIFIED VOTERS AS DEFINED WILL CONSIST OF EITHER OF THE FOLLOWING: 1. Registered voters who reside within the District. In order to vote in said election said person must be registered voters pursuant to the records ofthe election authority and as provided in Section 115.137 Subsection 1 of the Missouri Revised Statues as ofthe thirtieth day prior to the date ofthe election. 2. If no such registered voters reside in the District, the o*ners of real property located within the District pursuant to the tax records of the Christian County Clerk, for real property as of the thirtieth day prior to the date ofthe election. The Ballot must be returned to the election authority's office in person, or by depositing the Ballot in the United States mail addressed to the election authority's office and postmarked, not later than the date ofthe election. Any qualified voter that did not receive a Ballot in the mail or lost the Ballot received in the mail may pick up a mail-in-ballot at the election authority's office after June 10, 2010 until and including the day ofthe election. Election office location is the Office of County Clerk at the County Court House, at 100 West Church Street Room 206 in Ozark, Missouri. Kay Brown, County Clerk I)ate Cllief EIection Omcial From: Darrell Gross Fax: +1 (888) 790-1288 To: Kay Brown Fax: +1 {417) 581-8331 Page 6 of 105/21/2010 10:30 } EXHIBIT B COPY OF RESOLUTION 2010-02 RESOLUTION 2010-02 LEVYING A SALES TAX ON ALL RETAIL SALES MADE IN THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT (THE "DISTRICT") WHICH ARE SUBJECT TO TAXATION PURSUANT TO SECTIONS 144.010 TO 144.525 RSMO. EXCEPT SALES OF MOTOR VEHICLES, TRAILERS, BOATS OR OUTBOARD MOTORS AND SALES TO PUBLIC UTILITIES WITIIIN SUCII DISTRICT; AND LEVYING A TAX ON REAL ESTATE LOCATED WITHIN THE DISTRICT; ESTABLISHING THE RATES FOR SUCH TAXES; PROVIDING FOR THE SUBMISSION OF THE TAXES TO THE QUALIFIED VOTERS OF THE DISTRICT FOR THEIR APPROVAL AT THE ELECTION TO BE HELD IN SAID DISTRICT; AND SUBMITTING THE RESOLUTION TO THE CHRISTIAN COUNTY CLERK REQUESTING AN ELECTION BE HELD. WHEREAS, the Board ofAldermen ofthe City of Clever, Missouri (the "City") duly adopted Ordinance No. 399 acting on a petition filed by owners of real properly (the "Petition") within the Clever Hwy 14 Community Improvement District (the "District") and approved the creation within the City ofthe District, and WHEREAS, the District is a body corporate and political subdivision created under and exercising the authority granted by the Community Improvement District Act contained in Sections 67.1401 to 67.1571, Revised Statutes ofMissouri, as amended (the"Act"); and WHEREAS, the Petition provides for the sales tax ofthe District (the "Sales Tax") and a tax on real estate located within the District (the "Real Estate Tax") (the Sales Tax and the Real Estate Tax collectively herein the "CID Taxes'D; and WHEREAS, under the provisions of Section 67.1545 and Section 67.1531 ofthe Act, this Resolution shall not be final nor shall the Sales Tax levied or the Real Estate Taxes levied take effect until the Sales Tax and the Real Estate Tax respectively authorized by this Resolution have been submitted to and approved by the affirmative vote ofthe qualified voters ofthe District, by mail in ballot; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT, AS FOLLOWS: Section 1. Findings. It is hereby found and determined that to accomplish the purposes for which the District was established, it is necessary to impose the CID Taxes set forth in the Petition and authorized by the Act. It is further hereby found and determined that the Agreement is in furtherance of the public purposes of the District under the Petition and as set forth in the Act. Section 2. Imposition of CID Taxes. (a) Pursuant to authority granted by and subject to the provisions of Section 67.1545 of the Act a Sales Tax is imposed on sales made by retail businesses operating in the District for a period of thirty (30) years. The rate of Sales Tax shall be 1% on all retail sales made within the District except sales ofmotor vehicles, boats or outboard motors and sales to public utilities. The Sales Tax shall become effective as provided in Section 67.1545 of the Act and shall be collected as provided in such statute. (b) Putsuant to authority granted by and subject to the provisions of Section 67.1531 of the Act a Real Estate Tax is levied on real property and businesses operating in the District. The rate of Real Estate Tax shall be $1.00 per one hundred dollars of assessed valuation for a period of thirty (30) years on all real estate located within the District. The Real Estate Tax shall become effective as provided in Section 67.1531 ofthe Act and shall be collected as provided in such statute. 77r From: Darrell Gross / AA 4 A 4 A A nU Fax: +1 (417) 581-8331 Page 4 of .N6/11/2010 8:37 P. 3 r,k Aut: +1 (888) 790-1288 To: LEGAL DESCRIPTION OF CEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WEST, CHRSTIAN COUNTY, MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: , COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87*48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2* 47' 36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87*47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURISTATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2*47'36" EAST, 432.00 FEET; THENCE SOUTH 87*45'09" EAST, 200.00 FEET; THENCE SOUTH 2*47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING; CONTAINING 1.98 ACRES MORE ORLESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD: From: Darrell Gross / AAIA 4 A A AU Page 3 of 6 ,5/11/20108:37 P. 2 ,Fax: +1 (888) 790-1288 To: Fax: +1 017) 581-8331 .1 ra// OFFICIAL BALLOT If'OR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT To vote, darken in the oval completely next to your choice, like this 0 Ifyou are in favor of any question submitted upon this ballot, darken the oval to the left ofthe word "YES". If you are opposed to any question submitted upon this ballot, darken the oval to the left ofthe word "NO" SHALL THE CLEVERHWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONIE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD oF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENrS, REPAY BONDS ORNOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCHBONDS ORNOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN'IHE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? O YS () NO From: Darrell Gross Fax: +1 (888) 790-1288 To: Fax: +1 (417) 681-8331 Page 3 of 8 4/13/20104:30 RESOLUTION 2010-02 LEVYING A SALES TAX ON ALL RETAIL SALES MADE IN THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT (THE "DISTRICT") WHICH ARE SUBJECT TO TAXATION PURSUANT TO SECTIONS 144.010 TO 144.525 RSMO. EXCEPT SALES OF MOTOR VEHICLES, TRAILERS, BOATS OR OUTBOARD MOTORS AND SALES TO PUBLIC UTILITIES WITHIN SUCH DISTRICT; AND LEVYING A TAX ON REAL ESTATE LOCATED WITHIN THE DISTRICT; ESTABLISHING THE RATES FOR SUCH TAXES; PROVIDING FOR THE SUBMISSION OF THE TAXES TO THE QUALIFIED VOTERS OF TIIE DISTRICT FOR THEIR APPROVAL AT THE ELECTION TO BE IIELD IN SAID DISTRICT; AND SUBMITTING TIIE RESOLUTION TO THE CHRISTIAN COUNTY CLERK REQUESTING AN ELECTION BE HELD. WHEREAS, the Board ofAIdermen of the City of Clever, Missouri (the "City-) duly adopted Ordinance No. 399 acting on a petition filed by owners ofreal property (the "Petition") within the Clever I-Iwy 14 Community Improvement Disttict (the "District'°) and approved the creation within the City ofthe District and WIIEREAS, the District is a body corporate and political subdivision created under and exercising the authority granted by the Community Improvement District Act contained in Sections 67.1401 to 67.1571, Revised Statutes ofMissouri, as amended (the "Act"); and WHEREAS, the Petition provides for the sales tax of the District (the "Sales Tax") and a tax on real estate located within the District (the "Real Estate Tax") (the Sales Tax and the Real Estate Tax collectively herein the "CID Taxes"); and WIIEREAS, underthe provisions of Section 67.1545 and Section 67.1531 ofthe Act, this Resolution shall not be final nor shall the Sales Tax levied or the Real Estate Taxes levied take effect until the Sales Tax and the Real Estate Tax respectively authorized by this Resolution have been submitted to and approved by the affirmative vote ofthe qualified voters of the District, by mail in ballot; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TIIE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT, AS FOLLOWS: Section 1. Findings. It is hereby found and determined that to accomplish the purposes for which the District was established, it is necessary to impose the CID Taxes set forth in the Petition and authorized by the Act. It is further hereby found and determined that the Agreement is in furtherance of the public purposes ofthe District under the Petition and as set forth in the Act. Section 2. Imposition of CID Taxes. (a) Pursuant to authority granted by and subject to the provisions of Section 67.1545 of the Act a Sales Tax is imposed on sales made by retail businesses operating in the Disttict for a period of thirty (30) years. The rate of Sales Tax shall be 1% on all retail sales made within the District except sales ofmotor vehicles, boats or outboard motors and sales to public utilities. The Sales Tax shall become effective as provided in Section 67.1545 ofthe Act and shall be collected as provided in such statute. From: Doriell Gross Fox: +1 (888) 790-1288 To: Fax: +1 (417) 581-8331 Page 2 of 8 4/13/20104:30 Gr*s & AGamigiates 8270 West Farm Road 160 + Republic, MO 65738 Email grossascmowisp.net Darrell Gross - Office/Cell - 417-425-9460 888-790-1288 FAX April 12, 2010 Kay Brown Christian County Clerk 100 West Church Street, Room 206 County Court House Ozark, MO 65721 RE: MAIL-IN-ELECTION-CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT (ar Mr. Power.3 Endosed, please linda resolution and request by the Board of Directors of the Clever Hwy 14 Community Improvement District for a mail-in-ballot election for a combined sales tax and property tax within the District. The District was created by the City of Clever on February 8, 2010. I have listed the documents which I have enclosed. l am sure you are familiar with mail-in-ballot elections, but for your convenience I have enclosed copies of state statues and the code of state regulations governing them. I also have prepared a sample mail in election plan. You may already have one or wish to change this one. 1. RESOLUTION OF BOARD REQUESTING ELECTION.& CERTIFIED NOTICE OF ELECTION 2. ORIGINAL COPY OF NOTICE OF ELECTION 3. COPY OF ORDINANCE ESTABLISHING CID WITH PETITION ATTACHED 4. LIST OF PROPERTY OWNERS WITH ADDRESSES AND LEGAL DESCRIPTION. 5. COPY OF MAIL-IN-ELECTION PLAN PREPARED FOR CHRISTIAN COUNTY 6. COPY OF CODE OF STATE REGULATIONS GOVERNING MIL-IN-ELECTIONS 7. COPY OF STATE STATUES GOVERNING MAIL-IN-ELECTIONS The Election date is set for June 22, 2010 based on the ten weeks required from notice. Following is a list of dates and actions that will be required. 1. May 22,2010: Confirm ownership of property within District. 2. Publish week of June 711' and week of June 14th notice of election. 3. June 10 mail out ballots. 4. June 22 conduct election. Please be advised that the District will be responsible for all election cost, thus please bill the District. The address is 2400 McFarland Drive, West Plains, MO 65775. I am the Executive Director of the District and have consulted on several CID's around the State. If you have any question please feel free to call me. If you would like copies of any of the above information and forms sent to you electronically please email me with you email address and I will forward them to you. Sincerely, Darrell Gross. Enclosures 2%88& m: Darrell Gross Fax: +1 (888) 790-1288 To: Fax: +1 (41n 581-8331 Page 1 of 8 4/13/2010 4:30 FAX Date: 4/13/2010 Pages including cover sheet: 8 TO: From: Darrell Gross Christian County Clerk Gross & Associates 3225 South Farm Road 87 Republic MO 65738 Phone Phone +1 (417) 425-9460 Fax Number +1 (417) 581-8331 Fax Number +1 (888) 790-1288 NOTE: Dear MS Brown, attached please find a resolution and letter setting and requesting a mail in ballot election for the Clever Hwy 14 Community Improvment District. I have emailed Sharon the information and will be sening you hard copies. Thank you Call me if any question. Darrell Gross 425-9460 0 \U 1¥ « Op «,1 bly OV 4 9 4 f \9 4+R From: Darrell Gross Fax: +1 (888) 790-1288 TO: Fax: +1 {417) 581-8331 Page 7 of 8 4/13/2010 4:30 10, 2010 until and including the day ofthe election. Election office location is the Office of County Clerk at the County Court House, at 100 West Church Street Room 206 in Ozark, Missouri. Kay Brown, County Clerk I)ate Chief Election Official From: Darrell Gross Fox: +1 (888) 790-1288 To: Fax: +1 (417) 681-8331 Page 5 of 8 4/1312010 4:30 *INS™UCTION TO VOTERS 1/youara in invoroftimequestion.placean MX™ In the box oppositei'¥135-" Lf you.are opposed to,110 question, pht=unfr-altlie t;OX opposite:'NOP Seetion 4.Colt©attiln. The S#es Tax, whon:,pmwd by# m:ljoiS,y·of the qualilied vou:ls, shall bc ¢frectivc on 11,0 fir.r dao, of-che s¢co»d gienchrq=gle rafter El]= Director ofilie Missativi DeattmentorReittte ==I¥*s nolice oftheadoplionofauch Salcs Taxand (I® Departm=t of Rcvcme shall be responsible for the collection oflba Soles Tarcs and shil paor such lax collodod to lite D;Sttic:. Lfa nualerily of £11* qualmed v ot,ra,)*p,we (10 1%001 13*¢a Tax, tlue Coetmy Collector o f Christinn Calmty, M issouri shall collect 11* Rcal.13•lato Tax in th,; same manner and witli,he other real ©sm:* taxes ©011*ted fil Chtistlan County, Missour]. The collector havitie collected Real EstateTaxess]:all, en orboforo the liftccuth day ofoneil mont]:(after ded=ling reasonable mid mutual cos,sofs:tch collection but not; to exceed orte pecent ofthe tolal amounl ©olloct,d remie sugh ©01]©c[Eoms Collt# Distlici prior to {lit; firn day of fbo 21190111 11* Dist:ict shall mccipt for mid dlyposit.,heeD]10(Cions in Ilic Disttigi'S Delsitocy. Section 5. Approval of Ballot Thc District ig hemby authofized, p,Jr,ttlull 10 Ihe Ac# to approve .ati electionusimiga mall-in ballot, in,110 tbrmorille Qttestionsapprovedill Section.3 hercof, tooll propertyowners :NKI registored voters in. the District for opitaw,11 01 [110 CID Taxes in the ma iner p:ovided intive.Acm. Scelion 6. Sal,mission oIResolution =1 Certifkalion of Election Nollec to County Clerk. The S¢emtaly is ]*cby dirceled to, submit :Ilds Rawlution fully crecubed 10 :bc Colmty {Nak of Cltristion Counly, Missoud and tequtst in %*iGog tliat a moil-fo okcliot, be:heM in accoaimlce Se¢tiolks 1 13.630 tbrough ]15.660.RSMO'Trho Mail BallatE!cction Act?% and submi*sion©fa cmtifiedcopy of*le legal Notice af Election im ateordance will, Se elion 111125 ( 1> orthe Mismouri . Revised. Stimites, whidli is herein auached als Exhibit A of:his Resolutian, Nolilla i# ile[2n ceitifwd. · by mc Boardof Dircutors by tuloplion ©f:hi#Resol:,1900. Se¢*m 7..Efkclive.Dal©, Tbkg Resolutionsball lakecile¢t4!ndbelit fal foke:alld©ffect ·. illitinedlot,ly mil9*its mieplion by-ehe Board:ofDimelors of' Ilic 1»rict- , °r- r... - . I. Appro,·eatorg,Dipplionfameeling*Ii ,r :'12010 Rolab-3 ¢luRMIGh».Ci3ard of DimunoI 1Ffal=Qu, 56Uy 0111,0 Board o f Dhemets L From: Dmell Gross Fox: +1 (888) 790-1288 To: Kay Brown Fax: +1 (417) 681-8331 page 8 of 105/21/2010 10:30 [NSTRUCnON TO VOTERS Ifyounro in favoroftl,equestion, pince an '1]C" in the box opped[04'YES-" ff you nrc oppose(! Co *Ile question. pla©(tan '92' inlhe box opposite 'NO." Se¢tlon 4.Coltectlim. The· Sales Tax, whan:im,roved: by a mqion-9 of"Ilhe grialifixt vamers slmIL bo *fibctivc con 111* Ors; deo· ofmit:this Resol,LliDI] fiLlyc=:uxdto tlic Colmly Clakof Ch:istion Cotmly, Missouri mittl icquestin wgiting that a mail·in eleclial: beheki in a=r·lance Seelk= 1.15.650 throuall 115.660RSMO'mto Mail BallotE'Crtion Ace, anti submi=denofa emlificdcopy ofitic tegit Nalicc·of Elcction ing=Cordancewill, S,elion 115.125 (1}ortheMismouri Itevised,St:utes,461 ls·ttereinactadbedas Exhibit A oftbis Resalution. Nolice i# herei.nceittfud: ·· byrb©Boardof Dir¢pwrabyuxtoptionofthi•Resolullon. · '' '' Section 7..Efrectiv© Date.'ilits Rosomurion ashall inkscirect·midbein full 1W®:and effect · , Immedintcly ,Rerits £*plion by-ah,Be#,d:ofDime:OBQ¢lhe Distfict. I ··' h Applow at ornimlional meeting On . 52010 ... Red*liaS· Boardul?Dimaton; b**aL / 'rb ¥6*pr316,5 ortiMBoardorDENCLOIS lJ EXHIBIT A NOTICE OF ELECTION L OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT To vote, darken in the oval completely next to your choice, like this 0 If you are in favor of any question submitted upon this ballot, darken the oval to the left ofthe word "YES". If you are opposed to any question . submitted upon this ballot, darken the oval to the left of the word "NO" SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1°/o) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY- (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING.REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS ORNOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS ORNOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? O YES () NO NOTICE OF ELECTION I, Kay Brown, County Clerk of Christian County, Missouri, Chief Election Authority for the same, do hereby cause to be published in a newspaper of general circulation in accordance with Missouri Revised Statutes 115.127 a notice of a special election to be conducted in accordance with Missouri Revised Statutes 115.650 through 1 15.660, known as the "Mail in Election"' statutes. All qualified voters shall be eligible to vote in said election in accordance with Missouri election laws as herein provided. NAME OF DISTRICT HOLDING ELECTION: Clever Hwy 14 Community Improvement District. GENERAL BOUNDARIES OF THE DISTRICT: The Clever Hwy 14 Community Improvement District compromises estimated 1.98 acres of land lying north ofHwy 14 an estimated 675 feet west of the intersection of Hwy P and Hwy 14 containing an estimated 200 feet along Hwy 14 and an estimated 432 feet deep located in the City of Clever, Missouri. TYPE OF TAX: One question u411 be on the ballot imposing a sales tax. RATE OF TAX: The sales tax rate is 1%. DURATION AND PURPOSE OF TAX: The tax shall have a duration ofthirty (30) years and shall be used for public improvements within the District, repay bonds or notes issued by the District, be pledged to secure repayment of such bonds or notes, fund other necessary improvements within the District, and fund the cost of operation ofthe District. DATE BALLOTS SHALL BE MAILED TO QUALIFIED VOTERS: Ballots shall be mailed June 10, 2010. DATE OF ELECTION: June 22,2010 QUALIFIED VOTERS AS DEFINED WILL CONSIST OF EITHER OF THE FOLLOWING: 1. Registered voters who reside within the District. In order to vote in said election said person must be registered voters pursuant to the records of the election authority and as provided in Section 115.137 subsection 1 ofthe Missouri Revised Statutes as of the thirtieth day prior to the date ofthe election. 2. If no such registered voters reside in the District, the owners of real property located within the District pursuant to the tax records of the Christian County Clerk, for real property as of the thirtieth day prior to the date of the election. The Ballot must be returned to the Election Authority's office in person, or by depositing on the Ballot in the United States maiI, addressed to the Election Authority's Office and postmarked, not later that the date of the election. Any qualified voter that did not receive 4 a Ballot in the mail or lost the Ballot received in the mail may pick up a mail-in-ballot at the Election Authority's Office after June 10, 2010 until and including the day ofthe election. Election office location is the Office of County Clerk, at 100 West Church Street, Room 206 in Ozark, Missouri. OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS OR NOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? YES NO INSTRUCTION TO VOTERS If you are in favor ofthe question, place an "X" in the box opposite "YES." If you are opposed to the question, place an "X" in the box opposite "NO." 05/19/2010 Kay Brown, County Clerk/ChiefElection Official Date Em: Darrell Gross Fax: +1 088) 790-1288 To: Fax: +1 017)581-8331 Page 1 of 6 5/11/20108:37 FAX Date: 5/11/2010 Pages including cover sheet: 6 To: From: Darrell Gross Christian County Clerk Gross & Associates 3225 South Farm Road 87 Republic MO 65738 Phone Phone +1 (417) 425-9460 Fax Number +1 (417) 581-8331 Fax Number +1 (888) 790-1288 NOTE: Dear Kay, Attached please find a copy the revised Official Ballot for the Clever Hwy 14 CID as well as the legal. description of the District. Pleasze consider this an offical written conformation of the ballot. Th@ Board of Directos are meeting this week· with the intent of withdrawing their request for a real estate tax election. As you know the stautory deadlines for notice has expired for a real estate tax. You will be riceiving an official resolution of the Board of Directors withdrawing the request: The Board Still desires to proceed with the sales taxi election. I have also attached a revised notice of election. This notice, or any revised form thereof, including publishing the legal description, if you'deem such needed is all that would be required to be published as proper notice of election. Thank You Darrell Gross Executive Director Cleyer Hwy 14 CID t i 4 Qn: Darrell Gross Fax: +1 088) 790-1288 To: Kay Brown Fax: +1 (417) 581-8331 Page 1 of 105/21/2010 10:30 FAX - Date: 5/21/2010 Pages including cover sheet: 10 TO: Kay Brown From: · Darrell Gross Christain County Clerk Gross & Associates 3225 South Farm Road 87 Republic MO 65738 Phone Phone +1 (417) 425-9460 Fax Number +1 (417) 581-8331 Fax Number +1 (888) 790-1288 NOTE: Kay, attached please find the resolution of the Board withdrawing their request for a real estate tax election. I believe you will find the resolution proper and official in stating the Boards intent to only withdra* the request |for a real estate tax and not withdraw the request for a sales tax election. The new resolution leaves in place all reqeust for a sales tax election as per Resolution 2010-02 but makes corrections to the ballot questions. Please let me know if you desire anything further. | I did get you estimate fok the election for $171.91. I will have a check sent to you within the next week. Thanks Darrell Gross Executive Director Clever Hwy 14 CID 1 From: Darrell Gross Fax: +1 (898) 790-1288 To: Kay Brown Fax: +1 (417) 681-8331 Page 2 of 105/21/2010 10:30 RESOLUTION 2010-03 RESCINDING CERTAIN SECTIONS OF RESOLUTION 2010-02 OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT AND AMENDING CERTAIN SECTIONS IN ORDER TO WITHDRAW THE REQUEST FOR AN ELECTION FOR A TAX ON REAL ESTATE LOCATED WITHIN THE DISTRICT AND CORRECTING THE BALLOT FOR THE JUNE 22D ELECTION; AND SUBMITTING THE RESOLUTION TO THE CHRISTIAN COUNTY CLERK. WIIEREAS, the Board ofAldernen ofthe City of Clever, Missouri (the "City") duly adopted Ordinance No. 399 acting on a petition filed by owners ofreal property (the"Petition") within the Clever Hwy 14 Community Improvement District (the NDistrice') ana approved lhe creation within the City ofthe District; and WIIEREAS, the District is a body corporate and political subdivision created under and exercising the authority granted by the Community Improyement District Act contained in Sections 67.1401 to 67.1571, Revised Stalutes ofMissouri, as amended (the"Act"); and WHEREAS, the Board ofDirectors of the IDistrict passed Resolution 2010-02 which requested the Christian County Clerk to hold an election on June 22, 2010 posing two questions, one for the passage of a sales tax and one for the passage of a real estate tax; and WHEREAS, under the provisions of Secti¢n 67.1551 (2) the Board of Directors may rescind the request for an election for a real estate tax the Board of Directors desire to withdraw the request only for the real estate tax, but retain tlieir request for a sales tax election, ihus they desire to make amendments to Resolution 2010-2 wltich are needed to make such corrections. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT, AS FOLLOWS: Section 1. Rescission of Section 2 (b) Resolution 2010-02 ofthe Clever Hwy 14 Community Improvement District: The Board ofDirectors hereby rescinds Section 2 (b) of Resolution 2010-02. The following language is mpealed "(b) Pursuant to authority Hranted bv and subject to the provisions of Section 67.1531 'ofthe Act a Real Estate Tax is levied on real propertv And businesses operatinzin the District . The rate ofReal Estate Tax shall be $1.00 ver one hundred dollars of dssessed vatuationfor a period ofthirty (30) vears on all real estate located within the District. The Real Estate\Tax shall become effective as provided in Section 67.153 1 ofthe Act and shall be collected as provided in such statute. " The Christian County Clerk is hereby directed to not proceed with the request for a real estate tax election for the District in accordance with 67.1551 (2) of the Missouri Revised Statutes. Section 2. Amending Certain Other Sections of Resolution 2010-02 Pertaining to Real Estate Tax: a. Amendment of Section 3 of Resolution 2010-02: Section 3 is hereby amended to repeal the word "Taxes" and replacing it wit the words "Sales Tax" to reflect only a sales tax and to finther approve the official ballot as follows: OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT QUESTION 1 Pi From: Darrell Gross Fax: +1 (888) 790-1288 To: Kay Brown Fax: +1 (417) 681-8331 Page 3 of 10 5/21/2010 10:30 9'SHALITHEit.L**RUWYA<02WN]MPROVET·DISTRICT,IMPOSBA»STAX* P - O** 8,%1**CENTiON{ALC:Rm*. 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DEF.·EarEE ...... ......... 4.... ................'..................................................... t 1 LEGAL DESCRIPTION OF CEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WEST, CHRSTIAN COUNTY, MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87*48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2* 47' 36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87*47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2*47'36" EAST, 432.00 FEET; THENCE SOUTH 87*45'09" EAST, 200.00 FEET; THENCE SOUTH 2*47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING; CONTAINING 1.98 ACRES MORE ORLESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. RESOLUTION 2010-02 LEVYING A SALES TAX ON ALL RETAIL SALES MADE IN THE CLEVER HWY 14 COMMUNITY IMROVEMENT DISTRICT (THE"DISTRICT") WHICH ARE SUBJECT TO TAXATION PURSUANT TO SECTIONS 144.010 TO 144.525 RSMO. EXCEPT SALES OF MOTOR VEHICLES, TRAILERS, BOATS OR OUTBOARD MOTORS AND SALES TO PUBLIC UTILITIES WITHIN SUCH DISTRICT; AND LEVYING A TAX ON REAL ESTATE LOCATED WITHIN THE DISTRICT; ESTABLISHING THE, RATES FOR SUCH TAXES; PROVIDING FOR THE SUBMISSION OF THE TAXES TO THE QUALIFIED VOTERS OF THE DISTRICT FOR THEIR APPROVAL AT THE ELECTION TO BE IIELD IN SAID DISTRICT; AND SUBMITTING THE RESOLUTION TO THE CHRISTIAN COUNTY CLERK REQUESTING AN ELECTION BE HELD. WHEREAS, the Board ofAIdermen ofthe City of Clever, Missouri (the "City") duly adopted Ordinance No. 399 acting on a petition filed by owners of real property (the"Petition") within the Clever Hwy 14 Community Improvement District (the "District") and approved the creation within the City ofthe District; and WHEREAS, the District is a body corporate and political subdivision created under and exercising the authority granted by the Community Improvement District Act contained in Sections 67.1401 to 67.1571, Revised Statutes of Missouri, as amended (the "Act"); and WHEREAS, the Petition provides for the sales tax ofthe District (the "Sales Tax") and a tax on real estate located within the District (the "Real Estate Tax") (the Sales Tax and the Real Estate Tax collectively herein the "CID Taxes"); and WHEREAS, under the provisions of Section 67.1545 and Section 67.1531 of the Act this Resolution shall not be final nor shall the Sales Tax levied or the Real Estate Taxes levied take effect until the Sales Tax and the Real Estate Tax respectively authorized by this Resolution have been submitted to and approved by the affirmative vote of the qualified voters of the District, by mail in ballot; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT, AS FOLLOWS: Section 1. Findings. It is hereby found and determined that to accomplish the purposes for which the District wys'established, it is necessary to impose the CID Taxes set forth in the Petition and authorized by th& Act. It is further hereby found and determined that the Agreement is in furtherance ofthe public purposes ofthe District under the Petition and as set forth in the Act. Section 2. Imposition of CID, Taxes. (a) Pursuant to authorily grante4 by and subject to the provisions of Section 67.1545 ofthe Act, a Sales Tax is imposed on sales made by retail businesses operating in the District for a period of thirty 00) years. The rate of Sales T,x shall be 1% on all retail sales made within the District except sales of motor vehicles, boats er outboard motors and sales to public utilities. The Sales Tax shall become effective as provided'in Section 67.1545 bf the Act and shall be collected as provided in such statute. ,. (b) Pursuant to authority granted by and subject to the provisions of Section 67.1531 of the Act, a Real Estate Tax is levied on real property and businesses operating in the District. The rate of Real Estate Tax shall be $1.00 per one hundred dollars ofassessed valuation for a period of thirty (30) years on all real estate located within the District. The Real Estate Tax shall become effective as provided in Section 67.1531 oftheiAct and shall be collected as provided in such statute. Section 3. Vote. The CID Taxes levied by Section 2 of this Resolution shall be submitted by mail- in ballot to the qualified voters of the District for their consideration and approval, as required by the provisions of Section 67.1545 and 67.1521 ofthe Act, at the election hereby called and to be held in said District on the 22nd day ofJune, 2010. The ballot shall be in the following form: OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT QUESTION NO. 1 SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE ( 1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKINGPUBLIC IMPROVEMENTS, REPAY BONDS ORNOTES ISSUED TOFUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCHREVENUE FOR THE REPAYMENT OF SUCH BONDS ORNOTES, FUND OTHERNECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? INSTRUCTION TO VOTERS If you are in favor of the question, place an "X" in the box opposite "YES." Ifyou are opposed to the question, place an "X" in the box opposite "NO." QUESTION NO 2 SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A TAX ON REAL ESTATE IN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED OF ONE ( $1.00) DOLLAR PER ONE ( $100.00 HUNDRED DOLLARS ASSESSED VALUATION ON ALL REAL ESTATE LOCATED WITHIN THE DISTRICT FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OFMAKING PUBLIC IMPROVEMENTS, REPAY BONDS ORNOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? INSTRUCTION TO VOTERS Ifyou are in favor ofthe question, place an "X" in the box opposite "YES." If you are opposed to the question, place an "X" in the box opposite "NO." Section 4. Collection. Tile Sales Tax, when approved by a majority ofthe qualified voters, shall be effective on the first day ofthe second calendar quarter after the Director ofthe Missouri Department ofRevenue receives notice ofthe adoption of such Sales Tax and the Department of Revenue shall be responsible for the collection ofthe Sales Taxes and shall pay such tax collected to the District. If a majority of the qualified voters approve the Real Estate Tax, the County Collector of Christian County, Missouri shall collect the Real Estate Tax in the same manner and with the other real estate taxes collected in Christian County, Missouri. The collector having collected Real Estate Taxes shall, on or before the fifteenth day of each month(after deducting reasonable and actual costs of such collection but not to exceed one percent ofthe total amount collected remit such collections to the District prior to the first day of the month. The District shall receipt for and deposit the collections in the District's Depository. Section 5. Approval of Ballot. The District is hereby authorized, pursuant to the Act, to approve an election using a mail-in ballot, in the form of the Questions approved in Section 3 hereof, to all property owners and registered voters in the District for approval of the CID Taxes in the manner provided in the Act. Section 6. Submission of Resolution and Certification of Election Notice to County Clerk. The Secretary is hereby directed to submit this Resolution fully executed to the County Clerk of Christian County, Missouri and request in writing that a mail-in election be held in accordance Sections 115.650 through 115.660 RSMO "The Mail Ballot Election Act", and submission ofa certified copy of the legal Notice of Election in accordance with Section 115.125 (1) ofthe Missouri Revised Statutes, which is herein attached as Exhibit A ofthis Resolution. Notice is herein certified by the Board of Directors by adoption ofthis Resolution. Section 7. Effective Date. This Resolution shall take effect and be in full force and effect immediately after its adoption by the Board of Directors ofthe District. A., C Approve at organizational meeting on ,/9,// j ,2010 e Board ofDirectors IAby f:Rffshdin, S©trdary of the Bof U L EXHIBIT A NOTICE OF ELECTION 1-1 3 NOTICE OF ELECTION I, Kay Brown, County Clerk of Christian County, Missouri, chiefelection authority forthe same, do hereby cause to be published in a newspaper of general circulation in accordance with Missouri Revised Statutes 115.127 a notice of a special election to be conducted in accordance with Missouri Revised Statues 115.650 through 1 15.660, known as the "Mail in Election" statues. All qualified voters shall be eligible to vote in said election in accordance with Missouri election laws as herein provided. NAME OF DISTRICT HOLDING ELECTION: Clever Hwy 14 Community Improvement District. GENERAL BOUNDARIES OF THE DISTRICT: The Clever Hwy 14 Community Improvement District compromises estimated 1.98 acres ofland Iying north ofHwy 14 an estimated 675 feet west ofthe intersection of Hwy P and Hwy 14 containing an estimated 200 feet along Hwy 14 and an estimated 432 feet deep located in the City of Clever, Missouri. TYPE OF TAX: Two Questions will be on the ballot, one for imposing a sales tax and one for imposing a real property tax. RATE OF TAX: The sales tax rate is 1 % and the property tax rate is $1.00 per $100 of assessed value. DURATION AND PURPOSE OF TAX: Both taxes shall have a duration ofthirty 00) years and both shall be used for public improvements within the District, repay bonds or notes issued by the District, be pledged to secure repayment of such bonds or notes, fund other necessary improvements within the District, and fund the cost of operation of the District. DATE BALLOTS SHALL BE MAILED TO QUALIFIED VOTERS: Ballots shall be mailed June 10, 2010. DATE OF ELECTION: June 22, 2010 QUALIFIED VOTERS AS DEFINED WILL CONSIST OF EITHER OF THE FOLLOWING: 1. Registered voters who reside within the District. In order to vote in said election said person must be registered voters pursuant to the records ofthe election authorityand as provided in Section 115.137 Subsection 1 of the Missouri Revised Statues as of the thirtieth day prior to the date of the election. 2. If no such registered voters reside in the District, the owners ofreal property located within the District pursuant to the tax records of the Christian County Clerk, for real property as of the thirtieth day prior to the date ofthe election. The Ballot must be returned to the election authority's office in person, or by depositing the Ballot in the United States mail addressed to the election authority's office and postmarked, not later than the date ofthe election. Any qualified voter that did not receive a Ballot in the mail or lost the Ballot received in the mail may pick up a mail-in-ballot at the election authority's office after June 10, 2010 until and including the day ofthe election. Election office location is the Office of County Clerk at the County Court House, at 100 West Church Street, Room 206 in Ozark, Missouri. Kay Brown, County Clerk I)ate Chief Election Official OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT QUESTION NO. 1 SHALL THE CLEVER·HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS OR NOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCHBONDS ORNOTES, FUND OTHERNECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? INSTRUCTION TO VOTERS If you are in favor ofthe question, place an"X" in the box opposite "YES." If you are opposed to the question, place an "X" in the box opposite "NO." QUESTION NO 2 ' SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A TAX ON REAL ESTATE IN THE DISTRICT FOR A PERIOD OF THIRTY 00) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED OF ONE ¢ $1.00) DOLLAR PER ONE ($100.00) HUNDRED DOLLARS ASSESSED VALUATION ON ALL REAL ESTATE LOCATED WITH[N THE DISTRICT FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS ORNOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? INSTRUCTION TO VOTERS If you are in favor of the question, place an "X" in the box opposite "YES." Ifyou are opposed to the question, place an "X" in the box opposite "NO June 1, 2010 RE: Clever Hwy 14 Community Improvement District / June 22, 2010 Mail-In Election Overland Properties, LLC Attn: Rodney Hamby. 1598 Imperial Court, Suite 2001 West Plains, MO. 65775 Dear Mr. Hamby, Enclosed please find your ballot for the June 22,2010, Clever Hwy 14 Community Improvement District Election. Cast your vote per the instructions on the ballot. Place it in the small secrecy em}elope enclosed and seal. Place the Secrecy envelope in the larger self-addressed and pre-stamped envelope and mail back to: Kay Brown, Christian County Clerk, 100 West Church, Room 206 Ozark, Missouri 65721 It must arrive in my office by 7:00 pm on June 22, 2010, to be counted. There wilI be no absentee Saturday voting due to the type of election. However if you find that you must hand deliver your ballot, please give my office a call at 417-581-6360, and I will make arrangements to keep the office open on Saturday June 20th, for your delivery. If I can be of further assistance please give me a call. Sincerely, Kay Brown Christian County Clerk/Electioh Authority CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT SALES TAX ISSUE June 22,2010, Mail-In Election State of Missouri, County Christian I hereby declare under penalty ofperjury that I am the owner of real property in the Clever Hwy 14 Community Improvement District and qualified to vote in this election, or authorized to affix my signature on behalf ofthe owner (named below) of real property in the Clever Hwy 14 Community Improvement District which is qualified to vote in this election. State of Signature County of On this day of Print Name of Real Property Owner 2010, before me, a Notary Public in and If Signer is Different from Owner for said state, personally appeared , known to me to be the person who executed the same for the purposes therein stated. State Basis of Legal Authority To Sign Signature ofNotary Signature Commission Expires Print Name of Real Property Owner If Signer is Different from Owner State Basis of Legal Authority To Sign i APPLICATION FOR REPLACEMENT MAIL-IN BALLOT State ofMissouri County of Christian f ss I , declare that I am a resident and a properly registered voter residing at Residence Address City I further declare that my ballot was: . (check one) U Destroyed 0 Lost U Spoiled U Not received and that I wilI not vote more than one (1) ballot in this election. Telephone Number Date ofBirth I wish my replacement ballot to be sent to the address listed below: Address Cit mate Zip r Signature of Voter Subscribed and sworn to (affirmed) before me, this day of20 Notary Public or other ojficer Authorized to administer oaths My commission expires (SEAL) RETURN THIS COMPLETED FORM TO: Kay Brown, C]iristian County Clerk, 100 West Church, Room 206 Ozark MO. 65721 For Ojfice Use Only Date Application Received Date replacement ballot was mailed or delivered r NOTICE OF ELECTION I, Kay Brown, County Clerk of Christian County, Missouri, Chief Election Authority for the same, do hereby cause to be published in a newspaper of general circulation in accordance with Missouri Revised Statutes 115.127 a notice ofa special election to be conducted in accordance with Missouri Revised Statutes 1 15.650 through 115.660, known as the "Mail in Election" statutes. All qualified voters shall be eligible to vote in said election in accordance with Missouri election laws as herein provided. NAME OF DISTRICT HOLDING ELECTION: Clever Hwy 14 Community Improvement District. GENERAL BOUNDARIES OF THE DISTRICT: The Clever Hwy 14 Community Improvement District compromises estimated 1.98 acres of land lying north of Hwy 14 an estimated 675 feet west ofthe intersection of Hwy P and Hwy 14 containing an estimated 200 feet along Hwy 14 and an estimated 432 feet deep located in the City of Clever, Missouri. TYPE OF TAX: One question will be on the ballot imposing a sales tax. RATE OF TAX: The sales tax rate is 1 %. DURATION AND PURPOSE OF TAX: The tax shall have a duration ofthirty (30) years and shall be used for public improvements within the District, repay bonds or notes issued by the District, be pledged to secure repayment of such bonds or notes, fund other necessary improvements within the District, and fund the cost of operation ofthe District. DATE BALLOTS SHALL BE MAILED TO QUALIFIED VOTERS: Ballots shall be mailed June 10, 2010. DATE OF ELECTION: June 22, 2010 QUALIFIED VOTERS AS DEFINED WILL CONSIST OF EITHER OF THE FOLLOWING: 1. Registered voters who reside within the District. In order to vote in said election said person must be registered voters pursuant to the records of the election authority and as provided in Section 1 15.137 subsection 1 of the Missouri Revised Statutes as of the thirtieth day prior to the date of the election. 2. If no such registered voters reside in the District, the owners of real property located within the District pursuant to the tax records of the Christian County Clerk, for real property as ofthe thirtieth day prior to the date of the election. The Ballot must be returned to the Election Authority's office in person, or by depositing on the Ballot in the United States mail, addressed to the Election Authority' s Office and postmarked, not later that the date of the election. Any qualified voter that did not receive LEGAL DESCRIPTION OF CLEVER HWY 14 STREET COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WESL CHRISTIAN COUNTY, MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87°48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2°47'36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87°47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2°47'36" EAST, 432.00 FEET; THENCE SOUTH 87°45'09" EAST, 200.00 FEET; THENCE SOUTH 2°47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING, CONTAINING 1.98 ACRES MORE OR LESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. CURRENT OWNERSHIP OF PROPERTY: ALL PROPERTY WITHIN THE DISTRICT IS OWNED BY ONE PROPERTY OWNER: , Overland Properties, LLC 1598 Imperial Court, Suite 2001 West Plains, MO 65775 h ,L a Ballot in the mail or lost the Ballot received in the mail may pick up a mail-in-ballot at the Election Authority's Office after June 10, 2010 until and including the day ofthe election. Election office location is the Office of County Clerk, at 100 West Church Street, Room 206 in Ozark, Missouri. OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS OR NOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? YES NO INSTRUCTION TO VOTERS If you are in favor ofthe question, place an "X" in the box opposite "YES." If you are opposed to the question, place an "X" in the box opposite "NO." 05/19/2010 Kay Brown, County Clerk/Chief Election Official Date \ Gross *As*-tiates 21- 64 8270 West Farm Road 160 + Republic, MO 65738 Email grossasc@mowisonet Darrell Gross - Omce/Cell- 417-425-9460 888-790-1288 FAX April 12,2010 71 S I 644 4 00.,1 4 9.ise - RECEiVED Kay Brown APR 19 2010 Christian County Clerk 100 West Church Street, Room 206 KAY BROWN County Court House COUNTY CLERK Ozark. MO 65721 RE: MAIL-IN-ELECTION-CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT Dear Mr. Powers. Enclosed, please find a resolution and request by the Board of Directors of the Clever Hwy 14 Community Improvement District for a mail-in-ballot election for a combined sales tax and property tax within the District. The District was created by the City of Clever on February 8, 2010. 1 have listed the documents which I have enclosed. I am sure you are familiar with mail-in-ballot elections, but for your convenience I have enclosed copies of state statues and the code of state regulations governing them. I also have prepared a sample mail in election plan. You may already have one or wish to change this one. 1. RESOLUTION OF BOARD REQUESTING ELECTION.& CERTIFIED NOTICE OF ELECTION 2. ORIGINAL COPY OF NOTICE OF ELECTION 3. COPY OF ORDINANCE ESTABLISHING CID WITH PETITION ATTACHED 4. LIST OF PROPERTY OWNERS WITH ADDRESSES AND LEGAL DESCRIPTION. 5. COPY OF MAIL-IN-ELECTION PLAN PREPARED FOR CHRISTIAN COUNTY 6. COPY OF CODE OF STATE REGULATIONS GOVERNING MAIL-IN-ELECTIONS 7. COPY OF STATE STATUES GOVERNING MAIL-IN-ELECTIONS The Election date is set for June 22, 2010 based on the ten weeks required from notice. Following is a list of dates and actions that will be required. 1. May 22, 2010: Confirm ownership of property within District. 2. Publish week of June 7 and week of June 14th notice of election. 3. June 10 mail out ballots. 4. June 22 conduct election. Please be advised that the District will be responsible for all election cost, thus please bill the District. The address is 2400 McFarland Drive, West Plains, MO 65775. I am the Executive Director of the District and have consulted on several CID's around the @,ate. If you have any question please feel free to call me. If you would like copies of any of the ®ove information an*dryns sent to you electronically please email me with you email address and 1 will forward them to *du. / incepily, lil. ih 4/KAU E 0arrell Gross. Enclosures LEGAL DESCRIPTION OF CEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WEST, CHRSTIAN COUNTY, MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87*48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2* 47' 36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87*47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2*47'36" EAST, 432.00 FEET; THENCE SOUTH 87*45'09" EAST, 200.00 FEET; THENCE SOUTH 2*47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING; CONTAINING 1.98 ACRES MORE OR LESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. OFFICIAL BALLOT FOR CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT To vote, darken in the oval completely next to your choice, like this 0 Ifyou are in favor of any question submitted upon this ballot, darken the oval to the left ofthe word "YES". If you are opposed to any question submitted upon this ballot, darken the oval to the left ofthe word "NO" SHALL THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT IMPOSE A SALES TAX OF ONE (1%) PERCENT ON ALL RETAIL SALES WITHIN THE DISTRICT FOR A PERIOD OF THIRTY (30) YEARS FROM THE DATE ON WHICH THE TAX IS FIRST IMPOSED FOR THE PURPOSE OF PROVIDING REVENUE TO PAY THE COSTS OF MAKING PUBLIC IMPROVEMENTS, REPAY BONDS ORNOTES ISSUED TO FUND THE COSTS OF PUBLIC IMPROVEMENTS, PLEDGE SUCH REVENUE FOR THE REPAYMENT OF SUCH BONDS OR NOTES, FUND OTHER NECESSARY IMPROVEMENTS WITHIN THE DISTRICT AND TO FUND THE COSTS OF OPERATION OF THE DISTRICT? O YES () NO LEGAL DESCRIPTION OF CEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THEt SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WEST, CHRSTIAN COUNTY, MISSOURI BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87*48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2* 47' 36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87*47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2*47'36" EAST, 432.00 FEET; THENCE SOUTH 87*45'09" EAST, 200.00 FEET; THENCE SOUTH 2*47'36" WEST, 431.89 FEET TO THE POINT OFBEGINNING; CONTAINING 1.98 ACRES MORE OR LESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION OF CLEVER HWY 14 STREET COMMUNITY IMPROVEMENT DISTRICT AND LIST OF PROPERTY THE DISTRICT LEGAL DESCRIPTION: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WEST, CHRISTIAN COUNTY, MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87°48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2°47'36" EASL 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87°47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2°47'36" EAST, 432.00 FEET; THENCE SOUTH 87°45'09" EASL 200.00 FEET; THENCE SOUTH 2°47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING, CONTAINING 1.98 ACRES MORE OR LESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. CURRENT OWNERSHIP OF PROPERTY: ALL PROPERTY WITHIN THE DISTRICT IS OWNED BY ONE PROPERTY OWNER: Overland Properties, LLC 1598 Imperial Court, Suite 2001 West Plains, MO 65775 '5* 04/13/2010 10:19 4177430025 CITY OF CLEVER PAGE 01/01 Blu01-10 ORDINANCE 399 AN ORDINANCE OF THE CITY OF CLEVER, MISSOURI CREATING THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICr WITHIN A CERTAIN AREA OF THE CITY OF CLEVER IN ACCORDANCE WITH THE PETITION OF THE PROPERY OWNERS WITHING THE PROPOSED DISTRICT WHEREASE, all property owners within the proposed Clever Hwy 14 Community Improvement District had signed and filed a Petition for Creation with the City Clerk of the City of Clever, Missouri on November 26,2009 requesting that the District be formed, and WHEREAS, the Board of Aldermen finding no reason notto approve the creation of the District, and rather finding that the creation will enhance the redevelopment and improvement of the area which will benefit the propert:y owners and the City as a whole. NOW, THEREFORE, be it ordained by the Board of Alderman of the City of Clever, Missouri as follows: The creation of the Clever Hwy 14 Community Improvement district is herein approved in accordance with the attached Petition for Creation. attached as Exhibit A; and all powers and authority requested in said petition shall be granted and all board members are appointed as therein requested. This Ordinance shall be in full force and effect from and after Its passage and approval. FIRST READING HELD ON THIS -19TH DAY OF JANUARY, 2010. SECOND READING AND FINAL PASSAGE HERE ON THIS STH__ DAY OF FEBRUARY. 2010. Aye Nay Alderman KING X- Alderman MONTGOMERY X Alderman BACON X Alderman GILMORE X- Mayor.····---110-ase of tie) A ».. 06*JA:12 1. KRIST5ART, City Clerk EXHIBIT A PETITION FOR CREATION -3- PETITION FOR CREATION OFA COMMUNITY IMPROVEMENT DISTRICT UNDER MISSOURI REVISED STATUTES 67.1401 TO 67.1571 AS AMENDED PETITION SUBMITTED TO: City of Clever, Missouri DATE OF PETITION: November 10, 2009 NAME OF THE PROPOSED DISTRICT: Clever Hwy 14 Community Improvement District Comes now the recorded owners of more than fifty-percent (50%) ofthe total assessed value of all real property within the proposed Community Improvement District requesting the establishment of a Community Improvement District as allowed under Missouri Revised Statutes 67.1401 to 67.1571, as amended. The Petition request that the City Clerk ofthe City of Clever, Missouri, review said petition to certify that it complies with the requirements of subsection 2 ofMissouri Revised Statute 67.1421 and contains all required information. The Petition request that Board ofAldermen ofthe City of Clever, Missouri hold a public hearing in accordance with Missouri Revised Statute 67.1431 to receive public comments concerning the Petition. The Petition request that upon the conclusion ofthe required public hearing that an ordinance be adopted establishing the Clever Hwy 14 Community Improvement District as a political subdivision granting it the powers as provided for under Missouri Revised Statutes 67.1401 to 67.1571, as amended and other such powers as stated and requested within the Petition. REQUIRED COMPONENTS OF THE PETITION: 1. THE LEGAL DESCRIPTION OF THE PROPOSED DISTRICT: Attached as ,ExhibitA ofthis Petition. All real property is contiguous as required under RSMo 67.1411. A map ofthe proposed District boundaries is attached as Exhibit B. 2. THE NAME OF THE PROPOSED DISTRICT: Clever Hwy 14 Community Improvement District. 3. NOT[CE THAT SIGNATURES OF THE SIGNERS MAY NOT WITHDRAW THEIR SIGNATURE LATER THAN SEVEN DAYS AFTER THE PETITION IS FILED WITH THE CITY CLERK: See statement on signature page ofPetition. 4. A FIVE-YEAR PLAN FOR THE DISTRICT: Attached as Exhibit C of this Petition. 1 1 5. STATEMENT OF THE TYPE STRUCTURE THE DISTRICT WILL BE FORMED: The District shall be formed as a political subdivision under RSMo Sections 67.1401 to 67.1571, as amended. 6. GOVERNING BOARD OF DIRECTORS: The District shall be governed by a board ofdirectors appointed by the Mayor with the consent ofthe Board ofAldermen ofthe City of Clever, Missouri as provided under Missouri Revised Statutes 67.1451, as amended. The terms ofthe members ofthe District's board of directors shall be as follow: a. Ofthe initial appointed directors named below, one-half shall be appointed to serve for a two-year term, and one-half shall be appointed to serve for the term offour years, and if an odd number of directors are appointed, the last person appointed shall serve for a two-year term; provided that each director shall serve until such director's successor is appointed. Successor directors shall be appointed in the same manner as the initial directors and shall serve for a term of four years. 7. NUMBER OF DIRECTORS: The number of directors shall be five, serving four-year staggered terms except as provided below for the initial members ofthe board of directors. The directors shall be at least eighteen years of age; and either an owner as defined in RSMo 67.1401, ofreal property or of a business operating within the District or a registered voter residing within the district. In accordance with Section 67.1451 paragraph 2, sub paragraph (3) of the Missouri Revised Statutes; "lf there are fewer than five owners of real property located within a district, the board may be comprised of up to five legally authorized representatives of any of the owners of real property located within the district."; The initial board of directors, compromised of five legal representatives of the petitioners are herein proposed. DIRECTOR TERM R. B Grisham Two-Year Term Libby Grisham Two-Year Term Bruce Grisham Four-Year Term Danny Williams Two-Year Term Rod Hamby Four-Year Term 3. TOTAL ASSESSED VALUE OF ALL REAL PROPERTY OF THE DISTRICT: The assessed value ofthe property has not been split out be the County Assessor at this time, being the property was part of a larger tract of land. The property has no improvements at this time and the assessed value is estimated · at $5,000. The County Assessor will provide an assessed value to the City upon request. 9. SEEKING BLIGHTED STATUS: The petitioners are not seeking a blighting status for the district. 10. PROPOSED LENGTH OF TIME FOR THE EXISTENCE OF THE DISTRICT; The petitioners herein request that the number of years be thirty years from the adoption of the Ordinance approving this Petition as provided in RSMo. 67.1481. 11. MAXIMUM SALES TAX RATE TO BE IMPOSED: The petitioners herein request thatamaximum one-percent (1%) sales and use tax be imposed on all retail sales made within the District which are subject to taxation pursuant to sections 144.010 to 144.525, RSMo, except sales of motor vehicles, trailers, boats or outboard motors and sales to public utilities, subject to approval by the qualified voters ofthe District. N .( e 12. MAXIMUM RATE OF REAL PROPERTY TAXES: The maximum rate of real property taxes shall not exceed $1.00 per $100 of assessed value, subject to approval by the qualified voters ofthe District. 13. MAXIMUM RATE OF SPECIAL ASSESSMENTS AND METHOD OF ASSESSMENTS: The maximum rate of special assessment shall not exceed the value oftwenty-five cents ($.25) per square foot of land in a given tax year. The assessment method shall be per square foot on each square foot of real property owned. Property classification and assessments may vary between residential and commercial property based on usage and service provided. Only property owners who will benefit from the service of the improvement shall be levied with a special assessment. 14. DISTRICT FUND TO BE ESTABLISHED: The petitioners will establish funds and accounts with a depository bank or trust company designated to receive any and all revenue and pay all expenses ofthe District and to disburse them in accordance of the actions and directions ofthe Clever Hwy 14 Community Improvement District Board of Directors. 15. LIMITATIONS ON BORROWING CAPACITY OF DISTRICT: The District will have no preset borrowing limitations prescribed by this petition. 16. LIMITATIONS ON REVENUE OF DISTRICT: The District shall not be limited in the amounts or type of revenue, except as allowed by RSMo 67.1401 to 67.1571 as amended. 17. OTHER LIMITATIONS: No other limitations are herein requested by this Petition. The Petitioners herein request that the Board of Aldermen of the City of Clever, Missouri authorize the creation of the Clever Hwy 14 Community Improvement District as herein requested and grant it the powers and authority as provided for under Missouri Revised Statutes 67.1401 to 67.1571 as amended and as provided in this Petition. W 7 a PET[TIONER: Legal Description and Map Attached as Exhibit A ofthe Petition: Patrick S. & Jazell A. Smith, husband and wife, the recorded owner ofthe herein described property, all real property within the proposed Clever Hwy 14 Community Improvement District do hereby submit this Petition to the Board ofAidermen ofthe City of Clever, Missouri for consideration as requested. Petitioners 210 herein attest that a contract is executed to sell said property to Overland Properties, LLC, a Missouri Limited Liability Company, which is the selected developer ofthe property by Dollar General. We further represent and warrant that I have appointed all ofthe herein listed board members as my representatives on all matters relating to this petition and the Community Improvement District. We further understand that I may not withdraw my signature from this Petition for any reason after the seventh day after it has been submitted to the City Clerk. By executing this Epti67* the unders*hd represents and warrants that he or she is authorized to execute this petition on behaloftefrpefonenamed immediately above. . SIGNATURE: 13142< j. 1 \-1 1·6.rvt. d d fiES.Smith SIGNATURE: A//»2 9 Jazell A.Smith Patrick S. & Jazell A. Smith Husband & Wife 12304 West State Hwy 174 Republic, MO 65738 417-732-1236 STATE OF MISSOURI ) )SS. COUNTY OF (i·<04 ) Before me personally appeared Patrick S. & Jazell A. Smith, to me personally known to be the individual described in and executed the foregoing instrument, and possessing such documentation as to demonstrate his legal authority to execute this document as owner ofthe real property described within this Petition. Fll1Nt:25'Iny' hand and official seal this Pj day of d,446:1444/ , 2009 rpc Commission Expires 3 1 -30 (/ Notaby Public JOE HOPPER -1 Notary Public-Notary Seal State of Missouri, Greene County 4 Commission # 07022900 My Commission Expires Mar 8. 2011 P EXHIBIT A LEGAL DESCRIPTIONS OF PROPOSED CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT SOURCE OF PARENT TRACT DESCRIPTION: DEED BOOK 376, PAGE 1978, CHRISTIAN COUNTY RECORDER'S OFFICE, OZARK, MISSOURL DESCRIPTION OF TRACT A A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 23 WESL CHRISTIAN COUNTY, MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17; THENCE NORTH 87°48'08" WEST ALONG THE SOUTH LINE THEREOF A DISTANCE OF 675.92 FEET; THENCE NORTH 2°47'36" EAST, 40.23 FEET TO THE POINT OF BEGINNING OF THE PORTION HEREIN BEING DESCRIBED; THENCE NORTH 87°47'02" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF MISSOURI STATE HIGHWAY NO. 14 A DISTANCE OF 200.00 FEET; THENCE NORTH 2°47'36" EAST, 432.00 FEET; THENCE SOUTH 87°45'09" EAST, 200.00 FEET; THENCE SOUTH 2°47'36" WEST, 431.89 FEET TO THE POINT OF BEGINNING, CONTAINING 1.98 ACRES MORE OR LESS, SUBJECT TO RIGHT-OF-WAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 5 EXHIBIT B MAP OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT f. > { HWY P HWY 14 11% · CASEY'S f L Ill'/1 DISTRICT BOUNDARIES IN BOLD YELLOW EXHIBIT C FIVE YEAR PLAN OF THE CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT FIVE YEAR DEVELOPMENT PLAN CLEVER HWY 14 COMMUNITY IMPROVEMENT DISTRICT OBJECTIVES AND PURPOSE OF DISTRICT: The Clever Hwy 14 Community Improvement District compromises estimated 1.98 acres lying north of Hwy 14 and an estimated 675 feet west of the intersection of Hwy P and Hwy 14 containing an estimated frontage of 200 feet along Highway 14 and an estimated 432 feet deep located in the City of Clever, Missouri. Theaddcess of the property-is 7451-State-Hwy 14 West, Billing»M{16566L0. The land is currently undeveloped. It is proposed to construct a new commercial building which will be leased on a long term basis to Dollar General for operations as a new retail location estimated at 9,100 square feet. The land owners finds that the cost of developing the property to meet the requirements of Dollar General to be excessive and can not afford to make all of the public improvements needed to serve the property. It is proposed that the Clever Hwy 14 Community Improvement District be formed to impose a sales tax of 1% and a property tax of up to $1.00 per $100 of assessed value to fund the cost ofneeded public infrastructure, storm water controls and other site cost eligible. The project will cost an estimated $822,800 with an estimated $261,700 in public site improvements and cost. The land owner proposes to provide all funds for the project and seek to be reimbursed by the Clever Hwy 14 Community Improvement District from tax revenue generated. The property owners conclude that without the assistance of the District the property and the needed improvements could not occur. PUBLIC IMPROVEMENTS TO BE FUNDED BY DISTRICT: The District will be responsible for the funding of all public infrastructure cost for the entire development, which will include all utilities installation, streets, sidewalks, alleys, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, drainage, water, storm and sewer systems, and other site improvements such as; parking lots, garages, lades, dams and waterways, streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls, barriers, telephone and information booths, bus stop and other shelters, rest rooms, kiosks, paintings, murals, display cases, sculptures, fountains, parks, trails, lawns, trees, and any other landscape, pedestrian or shopping malls and plazas, and any other useful, necessary, or desired improvement to the District as allowed by Section 67.1401 to 67.1571 of RSMo, as amended. ESTIMATED COST OF IMPROVEMENTS: Site Engineering $12,500 ALTA Survey of District Boundaries $8,000 Permits & Zoning fees $8,500 Utility Tap $8,000 7 Environmental Audit $2,200 Impact Fees $5,000 Utilities Extension $25,000 Demolition/Excavation/Fill/Grading $52,500 Storm Drainage-Detention Pond $5,000 Paving-Parking lot-Curbs-Sidewalks $72,000 Landscaping $9,500 Site lighting $32,500 Professional fees $18,500 Election Cost & Public Notices $2,500 TOTAL $261,700 REVENUE GENERATION: SALES TAX: The District has proposed a one-percent (1%) sales tax and use tax on all retail sales within the District, subject to voter approval, to be collected to fund, or assist in the funding of the above proposed public improvements. The District may impose a real estate tax and or a special assessment to fund project cost, subject to voter approval. FINANCING PLAN: It is anticipated that revenues will not be sufficient upon creation ofthe District to fund all ofthe proposed improvements. It is proposed that the owner ofthe real property within the District will provide the funds to make the initial public improvements and enter into a financing/development agreement with the District to reimburse the owners as funds are available with interest or to be repaid from bond or loan proceeds which the District may issue or borrow. OPERATIONS OF DISTRICT: The District Board of Directors shall approve and oversee the public improvements and the provision of services within the District in accordance with Sections 67.1401 to 67.1571 ofthe RSMo., as amended. All funds generated by the District through the collection of sales tax, real estate tax, special assessments or any other revenue which the District may earn shall be used to fund authorized improvements and fund the operation cost ofthe District. The Board of Directors shall meet no less than quarterly in any year and shall maintain minutes of all meetings and shall post such meetings in accordance with the Missouri Sunshine Law and any other applicable sections of the Missouri Revised Statutes as required for a political subdivision. The Board of Directors shall comply with all reporting provisions of Section 67.1471 RSMo., as amended and submit an annual report to the City of Clever and the Missouri Department ofEconomic Development within one hundred-twenty days (120) of the end of the fiscal year. The fiscal year of the District will be the same as the Cily of Clever. The District will also file all annual reports with the State Auditor and will conduct an annual audit.of operations. REMOVAL FROM AND ADDITION OF REAL PROPERTY TO DISTRICT: 8 The District will be entitled to remove property and add property to the District as provided for in Section 67.1441 of the RSMo., as amended. No property can be added to the District under state law unless the property owner voluntarily petitions the District and the City to add their property to the District. TERMINATION OF THE DISTRICT: The District has been established with a term ofthirty years. Such term was selected in order to provide adequate time to generate sufficient revenue to fund the cost ofthe public improvements. Extension ofthe District beyond the thirty year period may be done by vote of the qualified voters of the District in accordance with Sections 677.1401 to 67.1571 RSMo., as amended. The District will terminate prior to the designated term if all debts and obligations ofthe District have been paid and the objective ofthe District has been accomplished in accordance with Section 67.1481 ofRSMo., as amended. REVENUE PROJECTIONS The District projects revenue and expenses for the first five years of operation based onthe proposed Dollar General Store only. No other businesses are proposed at this time within the District. FIVE YEAR PROFORMA: YEAR1 YEAR2 YEAR3 YEAR 4 YEAR5 CID SALES TAX $10,000 $10,000 $10,000 $11,000 $11,000 CID PROPERTY TAX $2.500 $2.500 $2.500 $2,600 $2.600 TOTAL PROJECTED REVENUE $12,500 $12,500 $12,500 $13,600 $13,600 PROJECTED OPERATING EXPENSES: ADMINISTRATION $1,200 $1,200 $1,200 $1,200 $1,200 LEGAL $400 $400 $400 $400 $400 AUDIT EXPENSE $1.400 $1.400 $1.400 $1,400 $1.400 TOTAL OPERATING EXPENSES $3,000 $3,000 $3,000 $3,000 $3,000 NET AVAILABLE FOR CAPITAL IMPROVEMENTS $9,500 $9,500 $9,500 $9,500 $9,500 REIMBURSEMENTS 9 1 PROJECT SITE PLAN 10 1 CLEYEK. do 14/ t.:El .PIDAM PROP.! GREAT R •.•EN 4·46. b/4/05 1.58 49·.le-: ORCAHA·-· RI.ST, 004 1 4& - I -' 4· i - <63--EE Mi ..7-75'i-MI.,0-: ------------. 1 1 =ew 1 : 1 - 1 if . 2% Bi 1 %* 1 K -3EW[-·Cd,TI , r===---7 ; '2 1 U 61 15 !4 1 ; Hn ; i :i' 1. - '. 4 1 1 35,5 . Ri .. lilt 13 1 i Arkii ·906/r - Ularew,9.g 14 (Page 1 of 12) mage# 3 9850012 De: Recorded: 12/21/2009 at 11:57:38 AM Total Amt: $57.00 Page 1 of 12 Christian County Reoorder Rov Meadows Recorder of Deeds File# 2009-00017882 BK2009 po17713 /@ER opx (SEAL) 1. TITLE OF DOCUMENT: Dead of Trust 2. DATE OF DOCUMENT: December 18, 2009 3. GRANTOR(S): OVERLAND PROPERTIES, LLC 4. GRANTEECS): The Bank of Missouri 5. STATUTORY MAIUNG ADDRESS[ES): GRANTOR'S ADDRESS: 1598 IMPERIAL CENTER, WEST PLAINS, MO 65775 GRANTEE'S ADDRESS: Ozark Branch, 1603 W State Highway J. Ozark, MO 65721-7425 RECORDATION REQUESTED BY: The Bank of Missouri Ozark Branch, 1503 W State Highway J, Ozark, MO 65721 -7425 WHEN RECORDED MAIL TO: The Bank of Missouri, P.O. Box 309, Perryville, MO 63775 6. LEGAL DESCRIPTION: Legal description of the property Is set out in EXHIBIT A. 7. REFERENCE BOOK AND PAGE(S): 1 Book:2009,Page:17713 1 (Page 11 of 12) DEED OF TRUST Loan No: 130072 (Continued) Trumtoo. The word 'Trustes" meario Kim R. Moore, whose address Is 112 W Ste. Maries St., Suite 6, Perryville, MO 63776 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVIStONS OF THIS DEED OF TRUST. AND GRANTOR AGREES TO rTS TERMS. GRANTOR: Ovie-AND PROPPES. FC ES. LLC OVERLAND PROPERTIES. LLC CORPORATE ACKNOWLEDGMENT STATE OF 7 Illssoodu 1 ss OP } On mia / day ofczVObf , 20 09 . before me appeared RODNEY L HAMBY and ROBERT BRUCE GRISHAM, to me personally known, who, being by me duly sworn, did say that they are Manager 01 OVERLAND PROPERTIES. LLC and Member of OVERLAND PROPERTIES. UC. rospectively. and that on behalf of said corporation, by authority of Its board of directors, said RODNEY L HAMBY end ROBERT BRUCE GRISHAM ZIclowledged said Dead of Trust to be the free act and deed of aaid corporation and that 8,perpmq*n has no corporate setal. Notary 1911]110 4 414 ISEA11 My C1171812 5[RreOF MISSoupl arce=Coty Commiaion# 08559484 My-(£28=nlidant*cs: An,420 /•2_ LASER PRO Lending, Ver. 5.46.00.003 Copr. Harland Rnancial Solutions, Inc. 1997.2009. All Rights Reserved. - MO C:\LPWDHCA\LPL\GCM.FC TR-48763 PR-STDCRE39 1 Page 10 il Book:2009,Page:17713 1 CHRISTIAN COUNTY MISSOURI PROPERTY INDEX CARD MAP NUMBER MISSOURI UNIFORM PARCEL NUMBER COUNTY I.D. NUMBER TSP AREA SECT 1/4SC BLOCK PARCEL 09 0.4 17 000 000 028.001 99 OWNERS NAME AND ADDRESS PARCEL LOCATION OVERLAND PROPERTIES LLC 2201 OCTOBER LANE SCHOOL MISCELLANEOUS DISTRICTS WEST PLAINS MO 65775-0000 R5 C2 07 FIR5 JC LOT DIMENSIONS ACQUISITION REFERENCE ASSESSED BOOK/PAGE DATE BOOK/PAGE DATE DEED ACREAGE CALCULATED 2009-017631 12/18/2009 2009-017631 1.98 1.98 PROPERTY DESCRIPTION PARCEL LOCATED IN SECTION TOWNSHIP RANGE 17 27 23 DESCRIBED AS: TR A BEG 675-NSEC SE4 SW4 TH W 200, N432, E20 0 S432 TO POB. 61/ 44 Fem'Gmilitamliumaiuiluam =2 = tw16&&1#A&**fAI,0&**m*@t ¢: NUM I State of Missouri €128**54 SEAL im '' - iltJ*E@j®* 1 Robin Carnahan Secretary of State CERTIFICATE OF ORGANIZATION WHEREAS, Overland Properties, LLC LC0939040 filed its Articles of Organization with this office on the January 5,2009, and that filing was found to conform to the Missouri Limited Liability Company Act. NOW, THEREFORE, I, ROBIN CARNAHAN, Secretary of State of the State ofMissouri, do by virtue of the authority vested in me by law, do certify and declare that on the January 5, =ti 2009, the above entity is a Limited Liability Company, organized in this state and entitled to any rights granted to Limited Liability Companies. *%0 mi IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the State ofMissouri. Done at the City ****** 112- , of Jefferson, this January 5,2009. 4=Sisss v A NAke:,2/Larilt¥F)30126/1./1-1 /in: Secretmy of State EM 2;&*AP"wi- 4 *UNZA-1, , File Number: 200900590344 LC0939040 State of Missouri Date Filed: 01/05/2009 Robin Carnahan, Secretary of State Robin Carnahan Secretary of State Articles of Organization The name ofthe limited liability company is: Overland Properties, LLC The purpose(s) for which the limited liability company is organized: The transaction of any lawful business for which a limited liability company may be organized under the Missouri Limited Liability Company Act, Chapter 347 RSMo. The name and address of the limited liability company's registered agent in Missouri is: Jacob W. Stauffer 204 West Main Street, West Plains MO 65775 Address The management ofthe limited liability company is: 13?]Manager | Member The duration (period of existence) for this limited liability company is: Perpetual The name(s) and street address(es) of each organizer: Jacob Stauffer, 204 West Main Street, West Plains MO 65775 [n Affirmation thereof, the facts stated above are true and correct: (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo) Al Missouri Secretary of State Page 1 of 1 Missouri Secretary of State, Robin Carnahan Important Notice: The business services portals will be temporarily unavailble on Wednesday, May 5, 2010 from 5:00 p.m. to 7:00 p.m. for system maintenance. We apologize for any inconvenience this may cause. SOS Home:: Business Services :: Business Entity Search Search Filed Documents ®By Business Name Date: 5/3/2010 (Click above to view filed ®By Charter Number documents that are (DBy Registered Agent available.) ®For New Corporations Business Name History Verify ®Verify Certification Registration Report Name Name Type ®File Online Overland Properties, LLC Legal File Fictitious Name Registration - '®File Online Limited Liability Company - Domestic - Information 0Renew Online Charter Number: LC0939040 File LLC Registration Status: Active 0File Online Online Orders Entity Creation Date: 1/5/2009 12:22:10 PM ®Register for Online Orders Expiration Date: Perpetual eorder Good Standing ®Order Certified Documents Registered Agent Agent Name: Stauffer, Jacob W. Office Address: 204 West Main Street West Plains MO 65775 Mailing Address: Organizers Name: Jacob Stauffer Address: 204 West Main Street West Plains MO 65775 https://www.sos.mo.gov/BusinessEntity/soskb/Corp.asp?2720842 5/3/2010 Community Publishers, Inc. e Advertising PO BOX 330 BOLIVAR, MO 65613 Invoice Phone: (417)326-7636 Fax: (417)326-7643 URL: http:#ozarksnewsstand.com 4 CHRISTIAN COUNTY CLERK Cust # 02101858 Phone (417)581-6360 KAY BROWN Date: 05/28/2010 100 W CHURCH RM 206 OZARK , MO 65721 Due Date: 06/12/2010 Invoice #: 167741 Salesperson: KB Ad Taker: CCL irext- - -- Start -Stop - ins. - Amount Prepaid Due 00120794 PN-CLEVER NOTICE OF EL 05/26/2010 05/26/2010 1 152.00 0.00 152.0* RECEIVED JUN O 2 2010 , KAY BROWN COUNTY CLERK 1 pf L V Thank you for doing business with our newspapers. 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