Board of Directors - Regular Meeting

MAYOR BOARD OF DIRECTORS George B McGill Ward 1 - Jarred Rego Ward 2 - Andre' Good ACTING CITY Ward 3 - Lee Kemp ADMINISTRATOR Ward 4 - George Catsavis Jeff Dingman At-Large Position 5 - Christina Catsavis At-Large Position 6 - Kevin Settle CITY CLERK At-Large Position 7 - Neal Martin Sherri Gard AGENDA Fort Smith Board of Directors REGULAR MEETING July 8, 2025 ~ 6:00 p.m. Blue Lion 101 North 2nd Street Fort Smith, Arkansas THIS MEETING IS BEING TELECAST LIVE ON THE CITY OF FORT SMITH GOVERNMENT ACCESS CHANNEL (COX CHANNEL 214) AND ONLINE AT THE FOLLOWING LINK: https://fortsmithar.granicus.com/ViewPublisher.php?view_id=1 INVOCATION & PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION BY MEMBERS OF THE BOARD OF DIRECTORS OF ANY ITEMS OF BUSINESS NOT ALREADY ON THE AGENDA FOR THIS MEETING APPROVE MINUTES OF JUNE 17, 2025 REGULAR MEETING AND JUNE 24, 2025 SPECIAL MEETING ITEMS OF BUSINESS 1. Ordinance rezoning identified property and amending the zoning map (Commercial Regional (C-4) to Commercial Heavy (C-5) at 2600 North 32nd Street) (Planning & Zoning) 2. Ordinance amending the Master Land Use Plan map, rezoning identified property and amending the zoning map (Master Land Use Plan: General Commercial, Residential Detached, and Open Space to Mixed Use Residential / Rezoning: Residential Single Family Medium Density (RS-2), Planned Zoning District (PZD) Ordinance No. 34-24, Planned Zoning District (PZD) Ordinance No. 115-24, and Planned Zoning District (PZD) Ordinance No. 109-21 to a Planned Zoning District (PZD) at 1 Essex Place, 9707 Essex Place, 2200 and 2300 Brooken Hill Drive, and 9200 Jenny Lind Road) (Planning & Zoning) ♦ Future Fort Smith Item ​● Consent Decree Item July 8, 2025 Regular Meeting 1  3. Resolution authorizing partial payment to Forsgren, Incorporated for the construction of 2016 SSA Remedial Measures, Sub-Basin S007, Project No. 17-12-C1 ($1,197,749.31 / Budgeted / Water Utilities - 5/8% Sales and Use Tax) (Water Utilities) 4. Consent Agenda 4A. Resolution authorizing the establishment of an Energy and Environment Project Coordinator position funded through the Climate Pollution Reduction Grant Program (Citizen & City Services) 4B. Resolution authorizing the acquisition of real property interests as part of the Flooded Residence Buyout Program, Project No. 22-90-A ($264,000.00 / Budgeted / Engineering Department - Sales Tax Program) (Engineering) 4C. Resolution to accept the bid and authorize a contract for the South 91st Street Reconstruction, Project No. 24-02-A ($2,226,920.90 / Budgeted / Engineering - Sales Tax Program) (Engineering) 4D. Resolution setting public hearing date on proposed annexation in the area of Highway 271 and Texas Road (Planning & Zoning) 4E. Resolution authorizing the submission of the Amended HOME-ARP Allocation Plan and substantial amendment to the Year 2021 Annual Action Plan (Community Development) 4F. Resolution accepting completion and authorizing final payment to Steve Beam Construction, Inc. for construction of Maybranch Greenway, Phase IA ($100,502.96 / Budgeted / Parks and Recreation - 1/8% Sales and Use Tax) (Parks & Recreation) 4G. Resolution authorizing the execution of a non-residential solid waste collection and disposal permit and agreement with BPM Burns Property Maintenance, LLC (Solid Waste Services) 4H. Resolution authorizing the execution of a non-residential solid waste collection and disposal permit and agreement with Junk-It, LLC (Solid Waste Services) OFFICIALS FORUM - presentation of information requiring no official action • Mayor • Directors • City Administrator EXECUTIVE SESSION Interview candidate for Director of Internal Audit ADJOURN ♦ Future Fort Smith Item ​● Consent Decree Item July 8, 2025 Regular Meeting 2  1 MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Maggie Rice, Deputy City Administrator DATE: June 26, 2025 SUBJECT: Rezoning Application No. 12-6-25 from Commercial Regional (C-4) to Commercial Heavy (C-5) at 2600 North 32nd Street SUMMARY On June 10, 2025, the Planning Commission held a public hearing to consider rezoning property located at 2600 North 32nd Street from Commercial Regional (C-4) to Commercial Heavy (C-5). The property, containing approximately 5.30 acres, is located on the north side of Kelley Highway bordered on the west by North 32nd Street and on the north by Birnie Avenue. Approval of the PZD allows for an amusement center (outdoor) with a one-half-acre go-kart racetrack. A neighborhood meeting was held on May 27, 2025, on site. Five (5) neighboring property owners attended the meeting and had no objections to the proposed rezoning and development request. At the Planning Commission meeting, Mr. Mason Reed was present to represent the item. Mr. Ova Peters with First Missionary Baptist Church at 3110 Kelley Highway was present to speak in favor of the item. The Planning Commission voted eight (8) in favor and zero (0) opposed to recommend the Board of Directors amend the Zoning Map. Please contact me if you have any questions. ATTACHMENTS 1. 01_2600_North_32nd_St_Ordinance__3_.pdf 2. North 32nd Street Backup.pdf Board of Directors Staff Report July 8, 2025 3  1 ORDINANCE NO._____ AN ORDINANCE REZONING IDENTIFIED PROPERTY AND AMENDING THE ZONING MAP WHEREAS, the City Planning Commission has held a public hearing upon request 12-6-25 to rezone certain property hereinafter described, and, having considered said request, recommended on June 10, 2025, that said change be made. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS: SECTION 1: That the following described property, to-wit: LOT 9, AND 1/2 ACRE OFF THE WEST SIDE OF LOT 10, PRAIRIE VIEW ADDITION, IN THE CITY OF FORT SMITH, IN SEBASTIAN COUNTY, ARKANSAS, AS SHOWN ON THIS SURVEY PLAT (SURVEYED BY CORNERSTONE SURVEYING FOR MASON REED, ON 04-01-2025, JOB# 25-402), CONTAINING 5.30 ACRES MORE OR LESS, SUBJECT TO ANY EASEMENTS OR RIGHTS OF WAY OF RECORD. more commonly known as 2600 North 32nd Street, is hereby rezoned from Commercial Regional (C-4) to Commercial Heavy (C-5). The zoning map of the City of Fort Smith is hereby amended to reflect said zoning. SECTION 2: It is hereby found and determined that the adoption of the amendment to the zoning map is necessary to alleviate an emergency relative to the regulation of uses of property within the City of Fort Smith so that the protection of the health, safety, welfare, and property of the inhabitants of the City requires that the above amendment be effective, and the amendment is hereby made effective, as of date of approval of this Ordinance. PASSED AND APPROVED THIS _____ DAY OF ____________________, 2025. ATTEST: APPROVED: _______________________________ ___________________________________ City Clerk Mayor Approved as to form: ____________________________ Publish One Time 4  PLANNING COMMISSION & BOARD OF ZONING ADJUSTMENT AGENDA BLUE LION DOWNTOWN, 101 N 2ND ST JUNE 10, 2025 5:30 P.M 2. Rezoning #12-6-25 – A request by Mason Reed, agent for Andy Bartholomy, for a zone change from Commercial Regional (C-4) to Commercial Heavy (C-5) at 2600 North 32nd Street. Vice Chair Taylor introduced items 2 and 3 as companion items. Mr. Kaelin presented the staff report indicating the subject property was located on the north side of Kelley Highway bordered on the west by North 32nd Street and on the north by Birnie Avenue. He said approval of the items would allow for an amusement center (outdoor) with a one-half-acre go-kart racetrack. Mr. Mason Reed was present to represent the item. Mr. Ova Peters of 3110 Kelley Highway was present to speak in favor of the item. Vice Chair Taylor called for a motion on item 2. Commissioner Tyler moved, seconded by Commissioner Newton, to approve with staff comments. Commissioner Hanna asked staff for clarification on the location of the proposed go-kart track and Mr. Miller responded that the location would be tied to the site plan. He also asked for clarification on the requirement for bike racks and Mr. Miller stated that any business that has over 20 parking spaces is required to have bike racks. With no further comments or questions, Vice Chair Taylor called for a vote on item 2. The vote was eight (8) in favor and zero (0) opposed. 3. Conditional Use #4-6-25 – A request by Mason Reed, agent for Andy Bartholomy, for an amusement center (outdoor) in a proposed Commercial Heavy (C-5) zone at 2600 North 32nd Street. Vice Chair Taylor called for a motion on item 3. Commissioner Tyler moved, seconded by Commissioner Newton, to approve with staff comments. Vice Chair Taylor called for a vote on item 3. The vote was eight (8) in favor and zero (0) opposed. 5  6 21 22 7 23 8  9 24 10 25 26 11 12 27 13 28 29 14 15 30 16 31 32 17 18 19 34 20 35 36 21 22 23 24 25 40 26 41 27 42 28 43 29 44 30 45 31 46 32 47  2 MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Maggie Rice, Deputy City Administrator DATE: June 26, 2025 SUBJECT: Master Land Use Plan Amendment #5-6-25 from General Commercial, Residential Detached, and Open Space to Mixed Use Residential, Rezoning #14-6-25 from Residential Single Family Medium Density (RS-2), Planned Zoning District (PZD) Ordinance #34-24, Planned Zoning District (PZD) Ordinance #115-24, and Planned Zoning District (PZD) Ordinance #109-21 to a Planned Zoning District (PZD) at 1 Essex Place, 9707 Essex Place, 2200 Brooken Hill Drive, 2300 Brooken Hill Drive, and 9200 Jenny Lind Road. Request by Architecture Plus, Inc. SUMMARY On June 10, 2025, the Planning Commission held a public hearing to consider the subject Master Land Use Plan Amendment and rezoning applications. The property, containing an area of 31.92 acres, is located northeast of the Essex Place and Bramble Brae Street cul-de-sacs and southwest of the Jenny Lind Road and Brooken Hill Drive intersection. The proposed Master Land Use Plan Amendment to Mixed Use Residential and zoning to a Planned Zoning District (PZD) allows for a mixed-use development with residential and commercial land uses. The requested PZD contains three (3) Character Districts known as Character Districts A, B, and C. Character District A allows retirement housing (ages 55 and older) with a maximum density of 114 dwelling units, Character District B permits single family residences, and Character District C will be designed for commercial development with the potential to include retail, offices, and restaurant. Two neighborhood meetings were held on June 5, 2025, and June 6, 2025, at #1 Essex Place. Combined fifteen (15) neighboring property owners attended the meetings with questions regarding changes to the rezoning request, financing, and a phased timeline. At the Planning Commission meeting Mr. Sam Seeger was present to represent the items. There were none present to speak in favor or opposition of the items. The Planning Commission voted eight (8) in favor and zero (0) opposed to recommend the Board of Directors amend the Master Land Use Plan Map and the Zoning Map. Please contact me if you have any questions. Board of Directors Staff Report July 8, 2025 33  ATTACHMENTS 1. 02_Essex_Place_Ordinance.pdf 2. Essex Place Backup.pdf Board of Directors Staff Report July 8, 2025 34  2 ORDINANCE NO. ______ AN ORDINANCE AMENDING THE MASTER LAND USE PLAN MAP, REZONING IDENTIFIED PROPERTY AND AMENDING THE ZONING MAP WHEREAS, the City Planning Commission has held a public hearing to consider request No. 5-6-25 to amend the Master Land Use Plan Map relative to property described in Section 1 of this ordinance, and, having considered the request, recommended on June 10, 2025, that said change be made; WHEREAS, the City Planning Commission determined the change to the Master Land Use Plan Map does conform to the goals and objectives of the Comprehensive Plan; and, WHEREAS, the City Planning Commission has held a public hearing to consider request No. 14-6-25 to rezone certain property, and, having considered said request, recommended on June 10, 2025, that said change be made. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS: SECTION 1: The hereinafter described property is hereby reclassified on the Master Land Use Plan Map from General Commercial, Residential Detached, and Open Space to Mixed Use Residential and the Master Land Use Plan Map is hereby amended to reflect said amendment to-wit: Part of the West Half (1/2) of the Northeast Quarter (NE 1/4) of Section 16, Township 7 North, Range 32 West in Sebastian County, Arkansas being more particularly described as follows: COMMENCING at Found Monument at the Northwest Corner of the Northwest Quarter (NW 1/4) of said NE 1/4; Thence North 03°16’ 15” E a distance of 36.90 feet to a Found 1/2” Rebar with cap; Thence South 86°47’04” East a distance of 141.05 feet to a Found 1/2” Rebar, the POINT OF BEGINNING; Thence South 86°47’04” East a distance of 73.95 feet to a Found 1/4” Rebar; Thence South 48°53’53” East a distance of 110.00 feet to a Found 1/4” Rebar; Thence South 65°58’30” East a distance of 231.57 feet to a Found 1/2” Rebar; Thence North 54°06’07” East a distance of 179.00 feet to a Found 1/2” Rebar; Thence North 02°06’07” East a distance of 209.74 feet to a Set 1/2” Rebar; Thence North 86°55’04” East a distance of 101.86 feet to a Set 1/2” Rebar on the South right-of-way (R/W) of Brooken Hill Drive; Thence South 83°13’15” East a distance of 123.07 feet to a Set 1/2” Rebar; Thence along the arc of a curve to the left for a distance of 107.56 feet, said curve having a radius of 630.00 feet and being subtended by a chord bearing and distance of South 88°06’43” East 107.43 feet to a Set 1/2” Rebar; Thence North 86°59’49” East a distance of 133.78 feet to a Set 1/2” Rebar; Thence along the arc of a curve to 35 the right for a distance of 39.42 feet, said curve having a radius of 25.00 feet and being subtended by a chord bearing and distance of South 47°49’58ast 35.46 feet to a Set 1/2” Rebar on the West R/W of Jenny Lind Road; Thence along the arc of a curve to the left for a distance of 6.04 feet, said curve having a radius 822.77 feet and being subtended by a chord bearing and distance of South 02°52’22” East 6.04 feet to a Set 1/2” Rebar on said R/W; Thence South 03°04’33” East a distance of 270.00 feet along said R/W to a Found 1/2” Rebar; Thence along a curve to the right for a distance of 249.85 feet, said curve having a radius 620.22 and being subtended by a chord bearing and distance of South 08°27’18” West 248.16 to a Found 1/2” Rebar; Thence North 70°00’07” West a distance of 258.12 feet to a Found 1/2” Rebar; Thence South 38°08’50” West a distance of 137.32 feet to a Found wood fence corner post in concrete; Thence South 51°16’20” East a distance of 135.56 feet to a wood fence corner post in concrete; Thence South 38°37’03” West a distance of 96.66 feet to a Found 1/2” Rebar; Thence South 38°37’03” West a distance of 100.00 feet to a Found 1/2” Rebar; Thence South 33°31’33” West a distance of 135.84 feet to a Found 1/2” Rebar; South 11°17’02” West a distance of 160.33 feet to a Found 1/2” Rebar; Thence South 13°56’14” East a distance of 160.33 feet to a Found 1/2” Rebar; Thence South 39°09’31” East a distance of 160.33 feet to a Found 1/2” Rebar; Thence South 38°45’01” West a distance of 87.07 feet to a Found 1/2” Rebar; Thence North 57°35’57” West a distance of 37.32 feet to a Found 1/2” Rebar; South 34°49’44” West a distance of 58.67 feet to a Found 1/2” Rebar; Thence South 32°10’16” West a distance of 30.58 feet to a Found 1/2” Rebar; Thence along the arc of a curve to the right for a distance of 23.18 feet, said curve having a radius of 80.00 feet and being subtended by a chord bearing and distance of South 40°28’15” West 23.10 feet to a Found 1/2” Rebar; Thence South 48°46’14” West a distance of 122.46 feet to a Found 1/2” Rebar; Thence along the arc of a curve for a distance of 103.75 feet, said curve having a radius of 120.00 feet and being subtended by a chord bearing and distance of South 24°00’06” West 100.55 feet to a Found 1/2” Rebar; Thence South 00°46’02” East a distance of 88.19 feet to a Found 1/2” Rebar; Thence South 00°36’47” East a distance of 69.26 feet to a Found 1/2” Rebar; Thence along the arc of a curve to the right for a distance of 9.53 feet, said curve having a radius of 119.98 feet and being subtended by a chord bearing and distance of South 01°35’37” West 9.53 feet to a Found 1/2” Rebar; Thence North 86°35’33” West a distance of 25.73 feet to a Found 1/2” Rebar; Thence North 86°35’33” West a distance of 196.20 feet to a Found 1/2” Rebar; Thence along the arc of a curve to the left for a distance of 176.99 feet, said curve having a radius of 25.00 feet and being subtended by a chord bearing and distance of North 37°56’46” West 97.95 feet to a Found 1/2” Rebar; Thence North 49°18’55” West a distance of 9.51 feet to a Found 1/2” Rebar; Thence South 83°52’55” West a distance of 140.39 feet, Thence South 83°52’55” West a distance of 14.94 feet to a Set 1/2” Rebar; Thence along a curve to the left for a distance of 57.80 feet, said curve having a radius of 44.99 feet and being subtended by a chord bearing and distance of South 47°04’54” West 53.91 feet to a Set 1/2” Rebar; Thence South 10°17’45” West a distance of 37.19 feet to a Found 1/2” Rebar; Thence North 56°30’16” West a distance of 203.73 feet to a Found 1/2” Rebar; Thence along the arc of a curve to the left for a distance of 219.23 feet, said curve having a radius of 415.76 36 feet and being subtended by a chord bearing and distance of North 18°23’47” East 216.70 feet to a Set 1/2” Rebar; Thence North 05°14’05” East a distance of 24.36 feet to a Set 1/2” Rebar; Thence North 02°55’30” East a distance of 86.80 feet to a Set Chiseled ‘X; Thence along the arc of a curve to the right for a distance of 21.02 feet, said curve having a radius of 25.01 feet and being subtended by a chord bearing and distance of North 27°16’57’ East 20.41 feet to a Set Chiseled ‘X’; Thence along the arc of a curve to the left for a distance of 120.03 feet, said curve having a radius of 49.69 feet and being subtended by a chord bearing and distance of North 17°34’30” West 92.90 feet Thence North 03°11’09” East a distance of 932.52 feet to a Found 1/2” Rebar; Thence South 82°30’24” East a distance of 133.23 feet to a Found 1/2” Rebar; Thence North 08°24’37” East a distance of 77.04 feet to a Found 1/2” Rebar; Thence South 82°27’00” East a distance of 55.53 feet to a Found 1/2” Rebar; Thence North 04°15’08” East a distance of 47.01 feet to a Found 1/2” Rebar; Thence North 02°18’59” West a distance of 26.51 feet to a Found 1/2” Rebar; Thence North 24°40’10” East a distance of 48.16 feet to a Found 1/2” Rebar; Thence North 56°44’21” West a distance of 80.68 feet to a Found 1/2” Rebar; Thence North 03°12’56” East a distance of 7.85 feet to the POINT OF BEGINNING containing 31.92 acres more or less and being subject to any easements of record and as shown on Halff project # 57228.001;. more commonly known as 1 Essex Place, 9707 Essex Place, 2200 and 2300 Brooken Hill Drive, and 9200 Jenny Lind Road. SECTION 2: The real property described in Section 1 is hereby rezoned from Residential Single Family Medium Density (RS-2), Planned Zoning District (PZD) Ordinance #34-24, Planned Zoning District (PZD) Ordinance #115-24, and Planned Zoning District (PZD) Ordinance #109-21 to a Planned Zoning District (PZD). The approved zoning classification is based and conditioned upon the Planned Zoning District provisions of Section 27-341 of the Unified Development Ordinance and the Planned Zoning District Project Booklet reviewed by the Fort Smith Planning Commission and approved hereby, which Project Booklet shall be filed in the office of the City Clerk. 37  SECTION 3: It is hereby found and determined that the adoption of the amendment to the Mater Land Use map and zoning map is necessary to alleviate an emergency relative to the regulation of uses of property within the City of Fort Smith so that the protection of the health, safety, welfare, and property of the inhabitants of the City requires that the above amendment be effective, and the amendment is hereby made effective, as of date of approval of this Ordinance. PASSED AND APPROVED THIS _____ DAY OF ___________________, 2025. ATTEST: APPROVED: _________________________ ___________________________ City Clerk Mayor Approved as to form: __________________________ Publish One Time 38  PLANNING COMMISSION & BOARD OF ZONING ADJUSTMENT AGENDA BLUE LION DOWNTOWN, 101 N 2ND ST JUNE 10, 2025 5:30 P.M 4. Master Land Use Plan Amendment #5-6-25 – A request by Architecture Plus, Inc., agent for Fianna Properties LLC, 7002 Holdings LLC, and WCR Development, for a master land use plan amendment from General Commercial, Residential Detached, and Open Space to Mixed Use Residential in a proposed Planned Zoning District (PZD) at 1 Essex Place, 9707 Essex Place, 2200 and 2300 Brooken Hill Drive, and 9200 Jenny Lind Road. Vice Chair Taylor introduced items 4 and 5 as companion items. Mr. Miller delivered the staff report indicating the subject property was located northeast of the Essex Place and Bramble Brae Street cul-de-sacs and southwest of the Jenny Lind Road and Brooken Hill Drive intersection. He said approval of the items would allow for a PZD with three (3) Character Districts known as Character Districts A, B, and C. Character District A will allow retirement housing (ages 55 and older) with a maximum density of 114 dwelling units, Character District B will be utilized for single family residences on 5,000 s.f. lots, and Character District C will be designed for commercial development including retail, offices, restaurant, and shopping center. Mr. Sam Seeger was present to represent the items. There were none present to speak in favor or opposition of the items. Vice Chair Taylor called for a motion on item 4. Commissioner Hanna moved, seconded by Commissioner Marshall, to approve with staff comments. Commissioner Coleman asked Mr. Seeger if there were specific dimensions for Character Area B. Mr. Seeger responded that he didn’t currently have the exact dimensions of the residential structures, but ensured the residences would follow the bulk and area requirements in the PZD for the single family residences. Commissioner Coleman noted his support of the item. Vice Chair Taylor called for a vote on item 4. The vote was eight (8) in favor and zero (0) opposed. 5. Rezoning #14-6-25 – A request by Architecture Plus, Inc., agent for Fianna Properties LLC, 7002 Holdings LLC, and WCR Development, for a zone change from Residential Single Family Medium Density (RS-2), Planned Zoning District (PZD) Ordinance #34- 24, Planned Zoning District (PZD) Ordinance #115-24, and Planned Zoning District 39 (PZD) Ordinance #109-21 to a Planned Zoning District (PZD) at 1 Essex Place, 9707 Essex Place, 2200 Brooken Hill Drive, 2300 Brooken Hill Drive, and 9200 Jenny Lind Road. Vice Chair Taylor called for a motion on item 5. Commissioner Marshall moved, seconded by Commissioner Newton, to approve with staff comments. Vice Chair Taylor called for a vote on item 5. The vote was eight (8) in favor and zero (0) opposed. 40 54 41 55 42 43 56 57 44 45 58 46 59 60 47 48 61 49 62 50 63 51 64 52 65 53 66 54 67 55 56 69 70 57 58 71 59 72 60 73 61 74 62 75 63 76 64 77 65 78 66 79 67 80 68 69 70 71 72 73 74 75 76 77 78 79 80 June 24, 2025 AVO 057288 RE: Grandview Traffic Statement To whom it may concern, Halff has conducted a traffic analysis for the proposed Grandview development at the corner of Jenny Lind Road and Brooken Hill Drive in Fort Smith, Arkansas. The analysis, conducted using the 11th Edition of the Trip Generation Manual published by the Institute of Transportation Engineers (ITE), found that the proposed development is unlikely to significantly increase traffic on nearby roads. The proposed development is projected to generate 84 vehicle trips during the AM peak hour and 104 during the PM peak hour, with 1046 total trips expected in a 24-hour period. These trips are generated from the three land uses in the proposed development: Single Family Detached Housing, Senior Adult Housing – Multifamily, and General Office Building. The majority of the trips are expected to be generated by the single family housing. A breakdown of the trip generation by land use peak hour, and weekday is included below in Table 1. Table 1. Projected Peak Hour and Weekday Vehicle Trips. Land Use AM Peak Hour PM Peak Hour Weekday Land Use Quantity Units Code In Out Total In Out Total In Out Total Single-Family Dwelling 210 56 11 33 44 36 22 58 296 296 592 Detached Housing Units Senior Adult Housing Dwelling 252 104 7 14 21 15 11 26 163 162 325 - Multifamily Units General Office SQ. FT. 710 8000 17 2 19 3 17 20 64 65 129 Building GFA Total 35 49 84 54 50 104 523 523 1046 These trip numbers are unlikely to have a significant impact on the surrounding road network. The maximum projected peak hour movement is 104 vehicles during the PM peak, which is insufficient to warrant transportation infrastructure upgrades. The trips traffic generated by the proposed development is expected to use a proposed driveway to access Brooken Hill, west of the intersection of Jenny Lind. The majority of trips are then expected to travel to the intersection of Jenny Lind and Brooken Hill before dispersing into the wider Fort Smith road network. 5704 Euper Lane, Suite 200, Fort Smith, AR 72903 | halff.com 81 The proposed Grandview development is not expected to warrant improvements to the surrounding transportation infrastructure due to the low number of projected trips. If there are any questions regarding this analysis, please contact me via email at joshua.vines@halff.com or by phone at (501) 653-7513. Sincerely, HALFF Joshua Vines, P.E. 5704 Euper Lane, Suite 200, Fort Smith, AR 72903 | halff.com 82 From: Snodgrass, Stan To: Miller, Perry; Rice, Maggie Cc: Chavis, Don; Marts, Ben Subject: Grandview Traffic Statement Date: Wednesday, June 25, 2025 12:56:11 PM Attachments: 057288 Grandview Traffic Statement.pdf Tyler, We have reviewed the attached traffic statement for the referenced development. The projected PM Peak Hour traffic from the proposed site is estimated to be 104 vehicles. This equates to less than two additional vehicles per minute of the peak hour. Impacts to the traffic flow as a result of the development are expected to be very minimal. Stan 83 84 94 85 95 86 96 87 97 June 5th, 2025 MEETING MINUTES FOR 1 ESSEX PLACE PZD AMENDMENT Sam Seeger opens meeting at 5:05 PM Approximately 10-12 people in attendance. Opening introduction of Sam Seeger and his Development Company, WCR Development. Discusses reason for the meeting is to include lower acreage and three additional lots by the original Fianna Hills Clubhouse into one single PZD that contains three different Areas. Area A is to remain +55 Retirement Housing, Area B to be Single Family lots, and Area C to be the commercial area at the corner of Brooken Hill and Jenny Lind. Opens up for Questions and Answers. Addresses such concerns as parking, traffic, new construction, land use, aesthetics, property values, benefits to the neighborhood, number of employees, adding a walking path for neighborhood and community residents, and building timeline. Also answered questions about a new entrance off of Brooken Hill up to Area A, which would decrease traffic throughout the neighborhood. Closed the meeting at 5:40 PM 88 98 June 6, 2025 Meeting Minutes for Neighborhood Meeting for 1 Essex Place, Fort Smith, Arkansas Meeting stated at 5:00PM Item 1: Project Introduction: Project was introduced by Craig Boone. All 3 Character Areas were explained. Item 2: Laura Palmer with Dialysis Center expressed her concern about water pressure for their facility. They were told that we are aware of their water needs and would be addressed by engineers. Item 3: No other questions were asked. Meeting adjourned at 5:30PM 89 90 99 91 92 93 94 95 96  3 MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Lance A. McAvoy, Director of Water Utilities DATE: June 24, 2025 SUBJECT: Partial Payment Number Five to Forsgren Inc. for 17-12-C1 SUMMARY On November 19, 2024, the Board of Directors approved Resolution R-210-24, approving the bid of Forsgren, Inc., in the amount of $8,231,278.00. Change Order No. 1 was approved June 17, 2025 (R-101-25), in the amount of $235,067.75 plus 60 days to address additional line segments and manholes found to have deteriorated since the original assessment work was completed in 2016-2017. A Resolution authorizing the approval of payment number five as a partial payment to Forsgren Inc. in the amount of $1,197,749.31 is attached, along with a Project Summary, photos and map for review. Funding for this project is available through the 5/8% Sales and Use Tax dedicated to Consent Decree projects. This project aligns with the goals of the comprehensive plan policy TI-4.1 (Continue to ensure that customers within Fort Smith have access to reliable water, sewer, drainage, solid waste services by reducing or eliminating deficiencies and gaps in infrastructure systems), and compliance and completion of the Consent Decree. Please contact me should you or members of the Board have any questions or desire additional information. ATTACHMENTS 1. 03_7-8-2025_Item_ID_1959_Resolution_Utilities.pdf 2. 7-8-2025 Item ID 1959 Attachment Utilities.pdf FISCAL IMPACT: $1,197,749.31 BUDGET INFORMATION: Budgeted / Water Utilities - 5/8% Sales and Use Tax Board of Directors Staff Report July 8, 2025 97 CONSENT DECREE 3 RESOLUTION NO._________ A RESOLUTION AUTHORIZING PARTIAL PAYMENT TO FORSGREN, INCORPORATED FOR THE CONSTRUCTION OF 2016 SSA REMEDIAL MEASURES, SUB-BASIN S007, PROJECT NO. 17-12-C1 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, that: Payment in the amount of $1,197,749.31 for Periodic Payment Estimate Five to Forsgren, Incorporated is hereby approved for the construction of the 2016 SSA Remedial Measures, Sub-Basin S007, Project No. 17-12-C1 (Construction). This Resolution adopted this _______day of July 2025. APPROVED: ______________________________ Mayor ATTEST: ______________________________ City Clerk APPROVED AS TO FORM: ________________________npr 98  Project Summary Project Name: Project Status: 2016 SSA Remedial Measures - Sub- In Progress Basin S007 Project Number: Today's Date: 17-12-C1 June 27, 2025 Project Engineer: Staff Contact Name: Ben Fears Lance McAvoy Project Contractor: Staff Contact Phone: Forsgren, Inc 479-784-2242 Notice to Proceed Issued: ####### ####### 12/19/2024 Contract Time Dollar Amount (Days) Original Contract Amount: $8,231,278.00 407 Change Order(s) To Date: $235,067.75 60 Adjusted Contract: $8,466,345.75 467 Payments to date (as negative): -$1,506,088.52 Partial Payment this estimate: $1,197,749.31 Retainage Held (Approved to date) $74,229.78 Current Contract Balance Remaining $6,960,257.23 Contract Balance After Partial Payment $5,762,507.92 99 100 101 102 103 104 105 106 107 108 109 110 111  4A MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Joshua D. Robertson, Director of Citizen & City Services DATE: July 1, 2025 SUBJECT: Energy & Environment Project Coordinator Position SUMMARY The Department of Citizen & City Services is requesting Board approval to establish a new position titled Energy & Environment Project Coordinator to support the implementation and administration of projects funded through the federal Climate Pollution Reduction Grant (CPRG) program. The Energy & Environment Project Coordinator will oversee capital and planning projects funded under the CPRG, including but not limited to the Alleyway Rehabilitation Project, EV Charging Station Infrastructure, and the Public Housing Solar Array Project. The position will also coordinate with regional partners on related initiatives, such as the eBike rebate program and workforce development efforts supporting advanced energy and conservation. This position will lead public engagement efforts, manage project timelines and deliverables, track expenditures and performance metrics, and ensure full grant compliance. The role is designed to maximize the impact and accountability of CPRG-funded projects while aligning them with the City’s broader energy efficiency and infrastructure objectives. The position, including salary, benefits, and operational costs, will be 100% funded by the CPRG. No City general funds will be used to support this role. ATTACHMENTS 1. 04A_7-8-25_ITEM_1960__Resolution_-_EE_Project_Coordinator_Position.pdf 2. Energy and Environment Project Coordinator - Sustainability - 4501_2025.pdf 3. Cost of Position Worksheet_Energy & Environment Project Coordinator_05192025.pdf Board of Directors Staff Report July 8, 2025 112  4A RESOLUTION NO. ________ A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF AN ENERGY & ENVIRONMENT PROJECT COORDINATOR POSITION FUNDED THROUGH THE CLIMATE POLLUTION REDUCTION GRANT PROGRAM WHEREAS, the City of Fort Smith has been awarded funding under the federal Climate Pollution Reduction Grant (CPRG) Program to advance climate-related infrastructure and community initiatives, including the Alleyway Rehabilitation Project, EV Charging Station Infrastructure, and the Public Housing Solar Array Project; and WHEREAS, the CPRG Program also supports regional initiatives in collaboration with partner organizations, including an eBike rebate program and workforce development efforts in advanced energy and conservation; and WHEREAS, effective oversight and implementation of CPRG-funded projects requires dedicated coordination, reporting, and compliance with all federal, state, and subrecipient agreement requirements; and WHEREAS, establishing the position of Energy & Environment Project Coordinator will provide the necessary capacity to administer grant activities, monitor expenditures, lead community engagement efforts, and coordinate with City departments and external partners to achieve the goals of the CPRG Program; and WHEREAS, the salary, benefits, and operational costs for the Energy & Environment Project Coordinator position will be 100% funded by the CPRG Program, with no impact to the City’s general fund. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Fort Smith, Arkansas, that: Section 1: The position of Energy & Environment Project Coordinator within the Citizen & City Services Department is hereby established. Section 2: Funding for the position, including salary, benefits, and operational costs, shall be provided entirely through the Climate Pollution Reduction Grant Program. Section 3: The City Administrator, or their designee, is authorized to proceed with recruitment and hiring for this position in accordance with the City’s personnel policies and applicable regulations. THIS RESOLUTION ADOPTED THIS ____ DAY OF ____________, 2025. APPROVED: ATTEST: ___________________________________ Mayor _____________________________ Approved as to Form: City Clerk ______________________ No Publication Required 113  Job Title: Energy & Environment Project Coord. Job Class: Operational Support Department: Citizen & City Services EEO Category: Office/Clerical (6) Supervisor: Director of Citizen & City Service FLSA Status: Non-Exempt Revision Date: 05/16/2025 Grade: 40 (5 Year Contract) Approved By: Joshua Robertson, Director, C&CS Risk Code: 8810 – Clerical/Office JOB SUMMARY The Energy & Environment Project Coordinator, under the general direction of the Citizen & City Services Director is responsible for overseeing and supporting the implementation of projects funded through the Climate Pollution Reduction Grant (CPRG) program, including the Alleyway Rehabilitation Project, EV Charging Station Infrastructure, and the Public Housing Solar Array Project. This role also includes coordination with regional partners on CPRG-supported initiatives such as the eBike rebate program and workforce development program. The Coordinator will lead all community engagement related to CPRG projects, prepare monthly and quarterly reports, and track project progress and greenhouse gas (GHG) reductions. ESSENTIAL DUTIES/RESPONSIBILITIES Note: All City of Fort Smith positions require the employee to provide good customer service to both internal and external customers, maintain positive and effective working relationships with other City employees, and have regular and reliable attendance that is non-disruptive. Must show cooperation and respect to fellow employees and supervisors at all times. All other duties as assigned by the immediate supervisor and/or department director. • Coordinate implementation of CPRG-funded capital and planning projects across multiple City departments. • Manage timelines, deliverables, milestones, and reporting associated with the Alleyway Rehabilitation Project, EV Charging Station installations, and the Public Housing Solar Array Project. • Collaborate with partner organizations to implement the eBike rebate program and regional workforce development initiatives related to advanced energy and conservation. • Follow City procurement policies and procedures, along with maintaining strict compliance with the Subrecipient Agreement with Metroplan • Track project expenditures and milestones to ensure grant compliance and monitor performance metrics. • Submit required reports to federal and state agencies, including quarterly updates and final program deliverables. • Lead community outreach and engagement efforts, including hosting public input meetings and public surveys related to CPRG initiatives. • Work with local non-profits and community groups to enhance public participation and engagement. • Serve as the City’s primary point of contact with Metroplan and subrecipients for CPRG grant management. • Maintain accurate project files, grant documentation, and reporting logs. • Monitor project timelines to identify potential risks or delays in productivity and work collaboratively with departments and partners to develop and implement corrective action plans. • Provide support for grant writing and securing future funding aligned with CPRG goals. • Update CPRG project progress, reporting metrics, and related materials on the City’s website to ensure transparency and public awareness Energy and Environment Project Coordinator -Sustainability - 4501_2025 – Originally Created: 05/16/2025 Page 1 of 3 114  • Coordinate with internal departments and leadership to align CPRG-funded projects with broader City sustainability, infrastructure, and efficiency goals, ensuring long-term impact beyond the grant period. SUPERVISORY RESPONSIBILITIES None directly; however, may coordinate with interdepartmental teams and external partners. QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Minimum Qualifications • Bachelor’s degree in Public Administration, Environmental Policy, Urban Planning, or a related field. • At least three (3) years of experience in grant administration, project management, or similar field. • Familiarity with federal grant guidelines and compliance protocols. • Strong written and verbal communication skills. • Ability to coordinate across multiple departments and external partners. Preferred Qualifications • Experience working with federal grants (EPA, USDOT, DOE, etc.). • Background in community engagement or facilitation of public meetings. • Knowledge of GHG emissions reporting or climate mitigation strategies. OTHER SKILLS AND ABILITIES • Proficient in Microsoft Office Suite and project tracking tools. • Detail-oriented with strong organizational skills. • Ability to interpret and apply federal regulations. • Ability to present information to various stakeholders in a clear, accessible manner. POSITION DESIGNATIONS This position is not designated as essential during inclement weather events. City services will be maintained during inclement weather, such as heavy snow or ice storms and all essential employees are expected to report to work due to the critical functions of the position. This position is able to work remotely. (based on need and supervisor approval) This position does have the potential to drive as part of their regular job duties. This position is designated as a safety/security sensitive position and is subject to random DOT drug and alcohol screenings and/or non-DOT drug and alcohol screenings (a safety/security sensitive position is one in which a momentary lapse in attention may result in injury or death of another person). PHYSICAL REQUIREMENTS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • Frequently sits, walks, stands, talks, and operates a computer. • Occasionally lifts and carries up to 25 pounds. • Must be able to participate in site visits or community events, including after hours as needed. Energy and Environment Project Coordinator -Sustainability - 4501_2025 – Originally Created: 05/16/2025 Page 2 of 3 115 WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • Primarily office-based with regular field visits to project sites. • May include evening or weekend hours for public outreach meetings. • Travel may be required to regional partner meetings or EPA-sponsored events. EMPLOYMENT SCREENINGS This position requires the below screenings prior to employment: • Criminal background check • Drug screening • Must pocess a valid drivers license **This job description is not designed to cover or contain a comprehensive listing of activities, duties or responsibilities that are required of the employee and/or applicant. Duties, responsibilities and activities may change or new ones may be assigned at any time with or without notice** Energy and Environment Project Coordinator -Sustainability - 4501_2025 – Originally Created: 05/16/2025 Page 3 of 3 116  COFS Cost for Position Addition - 2025 May 19, 2025 To: Joshua Robertson - Director, Citizen & City Services From: Eric Garvin - Deputy Director, Human Resources Re: 2025 Salary/Benefits Package - Non-Uniform Position Cost (Entry) Department: Citizen & City Services Position: Energy & Environment Project Coordinator FLSA Status: Hourly Position Type: Non-Uniform Position Grade: Grade 40 Starting Wage/Salary: $25.73 per hour $53,518.40 per year Monthly Yearly Cost to the City to the City Medical Benefits * $ 1,231.49 $ 14,777.88 Dental Benefits * $ 68.73 $ 824.76 Vision Benefits * $ 11.47 $ 137.64 Long Term Disability $ 21.85 $ 262.20 Basic Life Insurance $ 6.00 $ 72.00 Retirement (Non-Uniform) $ 312.19 $ 3,746.29 Retirement (Uniform) $ - $ - BENEFITS TOTAL $ 1,651.73 $ 19,820.77 Social Security (6.2%) $ 276.51 $ 3,318.14 Medicare (1.45%) $ 64.67 $ 776.02 Worker's Compensation $ 20.83 $ 250.00 OTHER TOTAL $ 362.01 $ 4,344.16 TOTAL POSITION COST (monthly): $6,473.61 TOTAL POSITION COST (annually): $77,683.33 * Benefit cost based on election of highest cost Family coverage 01012025 117  4B MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Stan Snodgrass, Director of Engineering DATE: June 20, 2025 SUBJECT: Flooded Residence Buyout Program, Project No. 22-90-A 5008 South 33rd Street SUMMARY The Flooded Residence Buyout Program applies city wide and is used to purchase residential properties that have experienced structure flooding if the cost of the residence/property is less than the cost of public drainage improvements to reduce the flooding. The buyout program applies to residential structure flooding from a city drainage way, easement, street, or right of way. Examples of non-qualifying flood events include structure flooding where the flood source is from neighboring properties, a hillside, groundwater seepage, or the Arkansas River. The subject house is split level with the den at the lower level at the back of the house. During heavy rainfall events, the drainage channel on the east side of South 33rd Street overtops the street and floods the den. On April 30, 2025, we were advised by Matt Meeker that he had spoken with the property owners and they were interested in the Flooded Residence Buyout Program. The appraisal for the property that was prepared by Ken Colley, Appraiser is attached. The property owner has verbally agreed to sell the house for the appraised amount. This project aligns with the comprehensive plan policies FLU-1.4 (Ensure adequate, well- maintained infrastructure, public safety, and public facilities for all development and prevent development ahead of infrastructure and service provision), TI-4.1 (Continue to ensure that customers within Fort Smith have access to reliable water, sewer, drainage, solid waste services by reducing or eliminating deficiencies and gaps in infrastructure systems), TI-4.2 (Ensure that utility and infrastructure systems can meet the city's long-term needs) and NCR- 2.6 (Reduce stormwater runoff and flooding). The attached Resolution authorizes the acquisition of the property for the appraised amount. Board of Directors Staff Report July 8, 2025 118  ATTACHMENTS 1. 22-90-A_Acquisition_5008_South_33rd_Street_Resolution.pdf 2. 22-90-A Acquisition 5008 South 33rd Street Location Map.pdf 3. 22-90-A Acquisition 5008 South 33rd Street Appraisal.pdf FISCAL IMPACT: $264,000.00 BUDGET INFORMATION: Budgeted / Engineering Department - Sales Tax Program Board of Directors Staff Report July 8, 2025 119  4B RESOLUTION NO. ____________ A RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY INTERESTS AS PART OF THE FLOODED RESIDENCE BUYOUT PROGRAM PROJECT NO. 22-90-A BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: The City Administrator, or his designated agents, and the City Attorney are hereby authorized to acquire for the appraised amount, the following described property as part of the Flooded Residence Buyout Program: OWNER LOCATION APPRAISED AMOUNT Brenda Hufford-Gigliello and 5008 South 33rd Street $264,000.00 Michael Gigliello SECTION 2: Payment for acquisition of the property authorized by Section 1 is hereby authorized from the Sales Tax Fund (1105). This resolution adopted this ________ day of July, 2025. APPROVED: ________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to Form ________________________________ No Publication Required 120 121  Ken Colley & Associates, Inc. RESIDENTIAL APPRAISAL REPORT File No.: 67760 Property Address: 5008 S 33rd St City: Fort Smith State: AR Zip Code: 72903 County: Sebastian Legal Description: Lot 2, BLk. 8, Henry & Moore Addition SUBJECT Assessor's Parcel #: 13665-0002-00008-00 Tax Year: 2024 R.E. Taxes: $ 995.57 Special Assessments: $ 0 Borrower (if applicable): Brenda Hufford-Gigliello & Michael Gigliello Current Owner of Record: Brenda Hufford-Gigliello & Michael Gigliello Occupant: Owner Tenant Vacant Manufactured Housing Project Type: PUD Condominium Cooperative Other (describe) HOA: $ 0 per year per month Market Area Name: Henry & Moore Addition Map Reference: 22900 Census Tract: 0012.02 The purpose of this appraisal is to develop an opinion of: Market Value (as defined), or other type of value (describe) This appraisal is for individual use only. This report reflects the following value (if not Current, see comments): Current (the Inspection Date is the Effective Date) Retrospective Prospective ASSIGNMENT Approaches developed for this appraisal: Sales Comparison Approach Cost Approach Income Approach (See Reconciliation Comments and Scope of Work) Property Rights Appraised: Fee Simple Leasehold Leased Fee Other (describe) Intended Use: Estimate fair market value for individual use. Intended User(s) (by name or type): Client Client: City of Fort Smith Address: PO Box 1908, Fort Smith, AR 72908 Appraiser: Ken Colley Address: 4111 Massard Rd, Fort Smith, AR 72903 Location: Urban Suburban Rural Predominant One-Unit Housing Present Land Use Change in Land Use Built up: Over 75% 25-75% Under 25% Occupancy PRICE AGE One-Unit 85 % Not Likely Growth rate: Rapid Stable Slow Owner 30 $(000) (yrs) 2% 2-4 Unit Likely * In Process * MARKET AREA DESCRIPTION Property values: Increasing Stable Declining Tenant 52 90 Low 0 Multi-Unit 3 % * To: Demand/supply: Shortage In Balance Over Supply Vacant (0-5%) 165 High 90 5% Comm'l Marketing time: Under 3 Mos. 3-6 Mos. Over 6 Mos. Vacant (>5%) 135 Pred 60 Vacant Land 5% Market Area Boundaries, Description, and Market Conditions (including support for the above characteristics and trends): The neighborhood should continue to be in demand due to its location and pricing of homes. The subject is located in the southern section of Fort Smith. All types of financing is available. The population of Fort Smith is 89,142. The neighborhood boundaries lie north of Zero Street, west of Old Greenwood Road, east of Jenny Lind Road and south of Rogers Avenue. Dimensions: 75x157 Site Area: 11,775 sf Zoning Classification: RM-3 Description: Residential Multifamily Medium Density Zoning Compliance: Legal Legal nonconforming (grandfathered) Illegal No zoning Are CC&Rs applicable? Yes No Unknown Have the documents been reviewed? Yes No Ground Rent (if applicable) $ / Highest & Best Use as improved: Present use, or Other use (explain) The highest & best use considered these items: Legally permissible, Physically possible, Financially feasible, & Maximally productive Actual Use as of Effective Date: Residential Use as appraised in this report: Residential Summary of Highest & Best Use: The relevant legal, physical, and economic factors were analyzed to the extent necessary and resulted in a SITE DESCRIPTION conclusion that the current use of the subject property is the highest and best use [USPAP – Standards Rule 2-2(b)(x)]. Utilities Public Other Provider/Description Off-site Improvements Type Public Private Topography Mostly Level Electricity Street Asphalt Size Typical Gas Curb/Gutter None Shape Rectangular Water Sidewalk None Drainage Appears adequate Sanitary Sewer Street Lights Incandescent View Average Storm Sewer Alley None Other site elements: Inside Lot Corner Lot Cul de Sac Underground Utilities Other (describe) FEMA Spec'l Flood Hazard Area Yes No FEMA Flood Zone X FEMA Map # 05131C0110F FEMA Map Date 03/02/2012 Site Comments: The site is an interior lot in the neighborhood. No survey was furnished at the time of inspection. The site does not appear to be located in the 100 year flood plain. General Description Exterior Description Foundation Basement None Heating # of Units 1 Acc.Unit Foundation Block Slab Area Sq. Ft. 0 Type FWA # of Stories 1.00 Exterior Walls Vinyl/Rock Crawl Space Block % Finished 0 Fuel Gas Type Det. Att. Roof Surface Metal Basement Ceiling Design (Style) Ranch Gutters & Dwnspts. Metal Sump Pump Walls Cooling Existing Proposed Und.Cons. Window Type Vinyl Dampness Floor Central X Actual Age (Yrs.) 60 Storm/Screens No/Yes Settlement Outside Entry Other DESCRIPTION OF THE IMPROVEMENTS Effective Age (Yrs.) 15 Infestation Interior Description Appliances Attic None Amenities Car Storage None Floors Tile/Hw/good Refrigerator Stairs Fireplace(s) # 0 Woodstove(s) # 0 Garage # of cars ( 6 Tot.) Walls Drywall/average Range/Oven Drop Stair Patio Concrete Attach. Trim/Finish Wood/average Disposal Scuttle Deck None Detach. 2 Bath Floor C-Tile/good Dishwasher Doorway Porch Covered Blt.-In Bath Wainscot C-Tile/good Fan/Hood Floor Fence Yes Carport 0 Doors Hollow core/average Microwave Heated Pool None Driveway 4 Washer/Dryer Finished Surface Concrete Finished area above grade contains: 7 Rooms 3 Bedrooms 2.0 Bath(s) 2,331 Square Feet of Gross Living Area Above Grade Additional features: Ceiling fans, concrete patio, storm doors, vinyl on all exterior wood and fenced backyard. Describe the condition of the property (including physical, functional and external obsolescence): The subject has a less than normal amount of physical depreciation from wear and tear and is in average-good condition. The subject was occupied and the utilities were on at the time of inspection. The subject has been updated with new kitchen appliances, french drain, windows, water heater, HVAC, shower, detached garage, electrical and light fixtures. Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 3/2007 122 RESIDENTIAL APPRAISAL REPORT File No.: 67760 My research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data Source(s): Public Records & MLS TRANSFER HISTORY 1st Prior Subject Sale/Transfer Analysis of sale/transfer history and/or any current agreement of sale/listing: I have performed no services, as an Date: appraiser or in any other capacity, regarding the property that is the subject of this report within the Price: three-year period immediately preceding acceptance of this assignment. Historical data was derived Source(s): Public tax records from public records and MLS. 2nd Prior Subject Sale/Transfer Date: Price: Source(s): SALES COMPARISON APPROACH TO VALUE (if developed) The Sales Comparison Approach was not developed for this appraisal. FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 5008 S 33rd St 3000 Enid St 3514 Lucy Ln 4810 S 18th Ter Fort Smith, AR 72903 Fort Smith, AR 72901 Fort Smith, AR 72903 Fort Smith, AR 72901 Proximity to Subject 1.14 miles N 0.93 miles N 1.03 miles W Sale Price $ $ 260,000 $ 305,000 $ 229,900 Sale Price/GLA $ /sq.ft. $ 119.38 /sq.ft. $ 122.59 /sq.ft. $ 105.85 /sq.ft. Data Source(s) WRVBOR MLS#1068715 WRVBOR MLS#1067823 WRVBOR MLS#1065132 Verification Source(s) Seb. Co. Assessor/AppWkFile Seb. Co. Assessor/AppWkFile Seb. Co. Assessor/RE Agent VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. DESCRIPTION +(-) $ Adjust. Sales or Financing Conv Sale Conv Sale Conv Sale Concessions DOM 64 DOM 136 DOM 70 Date of Sale/Time 01/05/2024 02/05/2024 07/27/2023 Rights Appraised Fee Simple Fee Simple Fee Simple Fee simple Location Average Average Good -5% -15,250 Good -5% -11,495 Site 11,775 sf 10375 sf 0 26460 sf -14,685 10078 sf 0 View Average Average Average Average Design (Style) Ranch Ranch Ranch Ranch Quality of Construction Vinyl siding/Rock Brick Brick Vinyl siding Age A1965/E15 A1971/E10 -5,000 A1959/E10 -5,000 A1970/E10 -5,000 Condition Average-Good Good -4% -10,400 Good -4% -12,200 Aver-Good Above Grade Total Bdrms Baths Total Bdrms Baths -1,000 Total Bdrms Baths -1,000 Total Bdrms Baths -1,000 Room Count 7 3 2.0 7 4 2.0 0 8 4 3.0 -3,000 7 4 2.0 0 Gross Living Area 2,331 sq.ft. 2,178 sq.ft. +6,885 2,488 sq.ft. -7,065 2,172 sq.ft. +7,155 Basement & Finished 0sf 0sf 0sf 0sf Rooms Below Grade Functional Utility Average Average Average Average Heating/Cooling FWA/CAU FWA/CAU FWA/CAU FWA/CAU Energy Efficient Items None None None None SALES COMPARISON APPROACH Garage/Carport Gar 2 / Car 0 Gar 0 / Car 2 +2,000 On Site Parking +4,000 Gar 0 / Car 2 +2,000 Porch/Patio/Deck 1Pch/1 Pat 1Pch/1 Pat 1Pch/1Dck 0 1Pch/1 Pat Extra amenities Storage building Storage building None +500 Storage building Fence Fence Fence Fence Fence Fireplace No fireplace Fireplace -1,500 Fireplace -1,500 Fireplace -1,500 Net Adjustment (Total) + - $ -9,015 + - $ -55,200 + - $ -9,840 Adjusted Sale Price Net 3.5 % Net 18.1 % Net 4.3 % of Comparables Gross 10.3 % $ 250,985 Gross 21.0 % $ 249,800 Gross 12.2 % $ 220,060 Summary of Sales Comparison Approach Limited similar size sales in the subject's neighborhood, therefore similar more distant competing neighborhoods and sales over one year were considered. Comparables in order of their weighted value are #1, #2 and #3. No personal property was considered in the final estimate of value. My comparable search and results were derived from a search of local sales similar in age, size and construction to the subject. When those were not avaliable within the subject's neighborhood the search was expanded to similar competing neighborhoods. The reasonable EXPOSURE TIME of the subject property is 1 to 3 months. A Mean was used in the final Market Value. THERE ARE A NUMBER OF MAJOR FACTORS CAUSING HOMES THE HOMES IN FORT SMITH TO RISE 5% TO 9% IN THE PAST TWO YEARS. THESE FACTORS INCLUDE THE FOLLOWING ITEMS: 1) NEW FAMILIES CONTINUE TO MOVE INTO THE AREA FROM MANY WESTERN, SOUTHERN AND NORTHERN STATES, 2) CURRENTLY, THERE IS A SHORTAGE OF HOMES FOR SALE IN THE SUBJECT'S PRICE RANGE, 3) THE INTEREST RATES ARE THE HIGHEST AND THIS IS REFLECTED IN HIGHER HOUSE PAYMENTS. I HAVE INCLUDED A FACTOR OF 10% FOR INFLATION WHEN THE HOME OWNER , WHEN THEY ATTEMP TO REPLACE THEIR CURRENT HOME. EST MARKET VALUE $240,000. X 10% = $ 24,000 plus $ 240,000 = $264,000.00. Indicated Value by Sales Comparison Approach $ 264,000 Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 3/2007 123 RESIDENTIAL APPRAISAL REPORT File No.: 67760 COST APPROACH TO VALUE (if developed) The Cost Approach was not developed for this appraisal. Provide adequate information for replication of the following cost figures and calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value): 1. 1001 S 17th St sold on 02/25/2025 for $20,500 or $2.92/sf; 2. S S St sold on 10/02/2023 for $50,000 or $2.95/sf; 3. 4401 S 19th St sold on 02/28/2023 for $20,000 or $2.56/sf. Site 11,775 sf x $2.50 = $ 30,000 (R) ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW OPINION OF SITE VALUE =$ 30,000 COST APPROACH Source of cost data: Marshall&Swift,files DWELLING 2,331 Sq.Ft. @ $ 120.00 =$ 279,720 Quality rating from cost service: Average Effective date of cost data: 03/2025 0 Sq.Ft. @ $ =$ Comments on Cost Approach (gross living area calculations, depreciation, etc.): Sq.Ft. @ $ =$ The Cost Approach is normally the highest indicator of value. The Cost Sq.Ft. @ $ =$ Approach is not to be used for insurance purposes. Sq.Ft. @ $ =$ =$ Garage/Carport 600 Sq.Ft. @ $ 35.00 =$ 21,000 Total Estimate of Cost-New =$ 300,720 Less Physical Functional External Depreciation 75,180 =$( 75,180) Depreciated Cost of Improvements =$ 225,540 ''As-is'' Value of Site Improvements =$ 9,460 =$ =$ Estimated Remaining Economic Life (if required): 45 Years INDICATED VALUE BY COST APPROACH =$ 265,000 INCOME APPROACH TO VALUE (if developed) The Income Approach was not developed for this appraisal. INCOME APPROACH Estimated Monthly Market Rent $ X Gross Rent Multiplier =$ Indicated Value by Income Approach Summary of Income Approach (including support for market rent and GRM): The sales comparison approach was considered most applicable; therefore, the income approach was not utilized. PROJECT INFORMATION FOR PUDs (if applicable) The Subject is part of a Planned Unit Development. Legal Name of Project: Describe common elements and recreational facilities: PUD Indicated Value by: Sales Comparison Approach $ 264,000 Cost Approach (if developed) $ 265,000 Income Approach (if developed) $ Final Reconciliation The three approaches to value were considered. The Cost Approach is the highest as normal. The Income Approach was not used due to insufficient data. The Direct Sales Comparison Approach is the best indicator for the subject property. RECONCILIATION This appraisal is made ''as is'', subject to completion per plans and specifications on the basis of a Hypothetical Condition that the improvements have been completed, subject to the following repairs or alterations on the basis of a Hypothetical Condition that the repairs or alterations have been completed, subject to the following required inspection based on the Extraordinary Assumption that the condition or deficiency does not require alteration or repair: THE SUBJECT HAS BEEN APPRAISED AS IF THE SUBJECT HAD NOT BEEN FLOODED IN THE PAST YEARS, PER THE CLIENT REQUEST. This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda. Based on the degree of inspection of the subject property, as indicated below, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser’s Certifications, my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is: $ 264,000 , as of: 05/06/2025 , which is the effective date of this appraisal. If indicated above, this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda. A true and complete copy of this report contains 16 pages, including exhibits which are considered an integral part of the report. This appraisal report may not be ATTACHMENTS properly understood without reference to the information contained in the complete report. Attached Exhibits: Scope of Work Limiting Cond./Certifications Narrative Addendum Photograph Addenda Sketch Addendum Map Addenda Additional Sales Cost Addendum Flood Addendum Manuf. House Addendum Hypothetical Conditions Extraordinary Assumptions Client Contact: Don Chavis Client Name: City of Fort Smith E-Mail: Address: PO Box 1908, Fort Smith, AR 72908 APPRAISER SUPERVISORY APPRAISER (if required) or CO-APPRAISER (if applicable) SIGNATURES Supervisory or Appraiser Name: Ken Colley Co-Appraiser Name: Company: Ken Colley & Associates, Inc. Company: Phone: 479-452-0078 Fax: (479) 452-6202 Phone: Fax: E-Mail: appraisals@kencolleyinc.com E-Mail: Date of Report (Signature): 05/09/2025 Date of Report (Signature): License or Certification #: CG0298 State: AR License or Certification #: State: Designation: Certified General Appraiser Designation: Expiration Date of License or Certification: 06/30/2025 Expiration Date of License or Certification: Inspection of Subject: Interior & Exterior Exterior Only None Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection: 05/06/2025 Date of Inspection: Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRES2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 3/2007 124 Assumptions, Limiting Conditions & Scope of Work File No.: 67760 Property Address: 5008 S 33rd St City: Fort Smith State: AR Zip Code: 72903 Client: City of Fort Smith Address: PO Box 1908, Fort Smith, AR 72908 Appraiser: Ken Colley Address: 4111 Massard Rd, Fort Smith, AR 72903 STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS - The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. - The appraiser may have provided a sketch in the appraisal report to show approximate dimensions of the improvements, and any such sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. Unless otherwise indicated, a Land Survey was not performed. - If so indicated, the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. - The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. - If the cost approach is included in this appraisal, the appraiser has estimated the value of the land in the cost approach at its highest and best use, and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. Unless otherwise specifically indicated, the cost approach value is not an insurance value, and should not be used as such. - The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property, or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property, or adverse environmental conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. - The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. - The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. - If this appraisal is indicated as subject to satisfactory completion, repairs, or alterations, the appraiser has based his or her appraisal report and valuation conclusion on the assumption that completion of the improvements will be performed in a workmanlike manner. - An appraiser's client is the party (or parties) who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser-client relationship. Any persons receiving this appraisal report because of disclosure requirements applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment. - The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database. - An appraisal of real property is not a 'home inspection' and should not be construed as such. As part of the valuation process, the appraiser performs a non-invasive visual inventory that is not intended to reveal defects or detrimental conditions that are not readily apparent. The presence of such conditions or defects could adversely affect the appraiser's opinion of value. Clients with concerns about such potential negative factors are encouraged to engage the appropriate type of expert to investigate. The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than those specified in this report by the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties assume no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions. Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.): Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 3/2007 125 Certifications File No.: 67760 Property Address: 5008 S 33rd St City: Fort Smith State: AR Zip Code: 72903 Client: City of Fort Smith Address: PO Box 1908, Fort Smith, AR 72908 Appraiser: Ken Colley Address: 4111 Massard Rd, Fort Smith, AR 72903 APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: - The statements of fact contained in this report are true and correct. - The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. - I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - I did not base, either partially or completely, my analysis and/or the opinion of value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification. Additional Certifications: DEFINITION OF MARKET VALUE *: Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised and acting in what they consider their own best interests; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27, 1994. Client Contact: Don Chavis Client Name: City of Fort Smith E-Mail: Address: PO Box 1908, Fort Smith, AR 72908 APPRAISER SUPERVISORY APPRAISER (if required) or CO-APPRAISER (if applicable) SIGNATURES Supervisory or Appraiser Name: Ken Colley Co-Appraiser Name: Company: Ken Colley & Associates, Inc. Company: Phone: 479-452-0078 Fax: (479) 452-6202 Phone: Fax: E-Mail: appraisals@kencolleyinc.com E-Mail: Date Report Signed: 05/09/2025 Date Report Signed: License or Certification #: CG0298 State: AR License or Certification #: State: Designation: Certified General Appraiser Designation: Expiration Date of License or Certification: 06/30/2025 Expiration Date of License or Certification: Inspection of Subject: Interior & Exterior Exterior Only None Inspection of Subject: Interior & Exterior Exterior Only None Date of Inspection: 05/06/2025 Date of Inspection: Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. Form GPRES2AD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 3/2007 126  Loan # USPAP Compliance Addendum File # 67760 Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is one of the following types: Appraisal Report This report was prepared in accordance with the requirements of the Appraisal Report option of USPAP Standards Rule 2-2(a). Restricted Appraisal Report This report was prepared in accordance with the requirements of the Restricted Appraisal Report option of USPAP Standards Rule 2-2(b). The intended user of this report is limited to the identified client. This is a Restricted Appraisal Report and the rationale for how the appraiser arrived at the opinions and conclusions set forth in the report may not be understood properly without the additional information in the appraiser's workfile. ADDITIONAL CERTIFICATIONS I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The report analyses, opinions, and conclusions are limited only by the reported assumptions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. I have no (or the specified) present or prospective interest in the property that is the subject of this report and no (or specified) personal interest with respect to the parties involved. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. This appraisal report was prepared in accordance with the requirements of Title XI of FIRREA and any implementing regulations. PRIOR SERVICES I have NOT performed services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. I HAVE performed services, as an appraiser or in another capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. Those services are described in the comments below. PROPERTY INSPECTION I have NOT made a personal inspection of the property that is the subject of this report. I HAVE made a personal inspection of the property that is the subject of this report. APPRAISAL ASSISTANCE Unless otherwise noted, no one provided significant real property appraisal assistance to the person signing this certification. If anyone did provide significant assistance, they are hereby identified along with a summary of the extent of the assistance provided in the report. In the performance of this assignment, significant real property appraisal assistance was provided by Terri Vaughn, CR 3455. Specifically, the assistant's duties included researching online tax assessment data for the subject and comparable sales, reviewing zoning maps, reviewing FEMA flood maps, and assisting in the research, selection, and verification of the sales used in the sales comparison approach. ADDITIONAL COMMENTS Additional USPAP related issues requiring disclosure and/or any state mandated requirements: Please note that this appraisal is not a home inspection and the appraiser is not acting as a home inspector. While observing the subject property, the appraiser visually observed areas that were readily accessible. The appraiser is not required to disturb or move obstruction to visibility. The inspection is not technically exhaustive. A formal home inspection for the subject property was not provided to the appraiser. The appraisal report should not be relied upon to disclose any conditions present in the subject property. The appraiser does not guarantee that the property is free from additional defects. A professional home inspection is recommended on all property purchase transactions. MARKETING TIME AND EXPOSURE TIME FOR THE SUBJECT PROPERTY A reasonable marketing time for the subject property is 30-90 day(s) utilizing market conditions pertinent to the appraisal assignment. A reasonable exposure time for the subject property is 30-90 day(s). APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name Ken Colley Name Date of Signature 05/09/2025 Date of Signature State Certification # CG0298 State Certification # or State License # or State License # State AR State Expiration Date of Certification or License 06/30/2025 Expiration Date of Certification or License Supervisory Appraiser Inspection of Subject Property Effective Date of Appraisal 05/06/2025 Did Not Exterior-only from Street Interior and Exterior USPAP Compliance Addendum 2014 Page 1 of 1 Form ID14EC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 127  Building Sketch Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Garage 20.0' Storage 10.0' 16.0' 30.0' 36.0' 10.0' Uncovered Patio 10.0' 54.4' Den Bedroom Bath Dining Kitchen Bath 40.0' 45.1' Bedroom Living Room Bedroom 24.1' 5.1' Covered Porch 5.1' 30.3' 13.0' Sketch by ApexSketch AREA CALCULATIONS SUMMARY AREA CALCULATIONS BREAKDOWN Code Description Factor Net Size Perimeter Net Totals Name Base x Height x Width = Area GLA1 First Floor 1.0 2330.5 199.0 2330.5 First Floor 45.1 x 30.3 = 1366.5 GAR Garage 1.0 600.0 100.0 600.0 40.0 x 24.1 = 964.0 OTH Storage 1.0 160.0 52.0 160.0 P/P Covered Porch 1.0 66.3 36.2 Uncovered Patio 1.0 360.0 92.0 426.3 Net LIVABLE cnt 1 (rounded) 2,331 2 total items (rounded) 2,331 © iLOOKABOUT (US) Inc. dba Apex Software Form SKT.BLDSKI - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 128  Subject Photo Page Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Subject Front 5008 S 33rd St Sales Price Gross Living Area 2,331 Total Rooms 7 Total Bedrooms 3 Total Bathrooms 2.0 Location Average View Average Site 11,775 sf Quality Vinyl siding/Rock Age A1965/E15 Subject Rear Subject Street Form PIC3X5.SR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 129  Photograph Addendum Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Living Room Dining Room Kitchen Den Den Second View Bathroom 1 Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 130  Photograph Addendum Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Bathroom 1 Second View Closet Bedroom 1 Bedroom 2 Bathroom 2 Bedroom 3 Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 131  Photograph Addendum Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Left Side Detatched Garage Detatched Garage Interior Storage Building Storage Building Interior Right Side Form PICSIX2 - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 132  Comparable Photo Page Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Comparable 1 3000 Enid St Prox. to Subject 1.14 miles N Sale Price 260,000 Gross Living Area 2,178 Total Rooms 7 Total Bedrooms 4 Total Bathrooms 2.0 Location Average View Average Site 10375 sf Quality Brick Age A1971/E10 Comparable 2 3514 Lucy Ln Prox. to Subject 0.93 miles N Sale Price 305,000 Gross Living Area 2,488 Total Rooms 8 Total Bedrooms 4 Total Bathrooms 3.0 Location Good -5% View Average Site 26460 sf Quality Brick Age A1959/E10 Comparable 3 4810 S 18th Ter Prox. to Subject 1.03 miles W Sale Price 229,900 Gross Living Area 2,172 Total Rooms 7 Total Bedrooms 4 Total Bathrooms 2.0 Location Good -5% View Average Site 10078 sf Quality Vinyl siding Age A1970/E10 Form PICPIX.CR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 133  Aerial Map Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 134  Location Map Borrower Brenda Hufford-Gigliello & Michael Gigliello Property Address 5008 S 33rd St City Fort Smith County Sebastian State AR Zip Code 72903 Lender/Client City of Fort Smith Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 135  License Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 136  E&O Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 137  4C MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Stan Snodgrass, Director of Engineering DATE: June 20, 2025 SUBJECT: South 91st Street Reconstruction, Project No. 24-02-A SUMMARY This project consists of the reconstruction of South 91st Street between Rogers Avenue and Dallas Street as shown on the attached location map. The total length of this street segment is approximately 0.44 miles. Construction plans and specifications were prepared by Mickle Griffin Engineers. An advertisement was published and bids were received on June 17, 2025. Four contractors requested plans and specifications and three bids were received as shown on the attached bid summary. I recommend that the contract be awarded to Forsgren, Inc. in the amount of $2,226,920.90. The estimated notice to proceed date for this contract is August 4, 2025. Based on the contract duration of 365 days, the estimated completion date would be August 3, 2026. This project is in alignment with the comprehensive plan policies FLU-1.4 (Ensure adequate, well-maintained infrastructure, public safety, and public facilities for all development and prevent development ahead of infrastructure and service provision), TI-4.1 (Continue to ensure that customers within Fort Smith have access to reliable water, sewer, drainage, solid waste services by reducing or eliminating deficiencies and gaps in infrastructure systems) and TI-4.2 (Ensure that utility and infrastructure systems can meet the city's long-term needs). Attached is a Resolution to accomplish the above recommendation. ATTACHMENTS 1. 24-02-A_Bid_Resolution.pdf 2. 24-02-A Bid Location Exhibit.pdf 3. 24-02-A Bid Summary Exhibit.pdf FISCAL IMPACT: $2,226,920.90 BUDGET INFORMATION: Budgeted / Engineering - Sales Tax Program Board of Directors Staff Report July 8, 2025 138  4C RESOLUTION NO. ______________ A RESOLUTION TO ACCEPT THE BID AND AUTHORIZE A CONTRACT FOR THE SOUTH 91ST STREET RECONSTRUCTION PROJECT NO. 24-02-A BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: The bid of Forsgren, Inc. received June 17, 2025 for the South 91st Street Reconstruction, Project No. 24-02-A, in the amount of $2,226,920.90 is hereby accepted. SECTION 2: The Mayor, his signature being attested by the City Clerk, is authorized to execute a contract with Forsgren, Inc. subject to the terms set forth in Section 1 above. SECTION 3: Payment for construction authorized by Section 1 is hereby authorized from the Sales Tax Fund (1105). This resolution adopted this _______ day of July, 2025. APPROVED: ________________________________ Mayor ATTEST: ____________________________________ City Clerk Approved as to Form ________________________________ No Publication Required 139 140 BID SUMMARY CITY OF FORT SMITH, ARKANSAS ENGINEERING DEPARTMENT 2024 CAPITAL IMPROVEMENTS PROGRAM South 91st Street Reconstruction PROJECT NO. 24-02-A BID OPENING: June 17, 2025 10:00 a.m., Room 409 Engineering Department CONTRACTOR TOTAL BID AMOUNT 1 Forsgren Inc. $2,226,920.90 Fort Smith, AR 2 Steve Beam Construction, Inc. $2,378,723.50 Fort Smith, AR 3 Crawford Construction Company $2,479,648.00 Van Buren, AR Engineer's Estimate $3,000,000.00 141  4D MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Maggie Rice, Deputy City Administrator DATE: June 26, 2025 SUBJECT: Proposed Annexation - Highway 271 South and Texas Road SUMMARY As Fort Smith has grown and expanded its incorporated area several unincorporated enclaves remain. Historically, the City has annexed land at the request of property owners, not as a direct action of the City. As a result, some lands were not annexed. Two of the enclaves are in the area of Highway 271 and Texas Road, as shown on Exhibit A. The two enclaves include 45 acres with approximately 20 parcels: 9 residential and 11 non-residential. When incorporated areas have surrounded an unincorporated area, Arkansas Code allows for that property to be annexed by ordinance. In this instance, one island is completely surrounded, and the other island is surrounded on three sides by city limit lines and on the fourth side by the Oklahoma state line which is an allowable boundary. The process to complete this method of annexation includes a public hearing within sixty (60) days of the ordinance calling for annexation. Prior to the public hearing, staff will publish a legal notice and send certified letters to all property owners within the area proposed for annexation notifying them of their right to appear and voice their opinion. Approval of the resolution sets a public hearing date for Tuesday, August 19 th during the regular meeting of the Fort Smith Board of Directors. Please contact me should you have any questions. ATTACHMENTS 1. 04D_Resolution_Setting_the_Public_Hearing_Annexation_271_and_Texas.pdf 2. Exhibit A.pdf Board of Directors Staff Report July 8, 2025 142  4D RESOLUTION NO. ___________ RESOLUTION SETTING PUBLIC HEARING DATE ON PROPOSED ANNEXATION IN THE AREA OF HIGHWAY 271 AND TEXAS ROAD ______________________________________________________________________________ WHEREAS, the incorporated limits of Fort Smith surround the unincorporated area in the vicinity of Highway 271 and Texas Road, as shown on Exhibit A; WHEREAS, the City of Fort Smith proposes to annex the property shown on Exhibit A in the manner and form provided by Ark. Code Ann. § 14-40-501; and, WHEREAS, Ark. Code Ann. § 14-40-502 requires a public hearing be conducted within sixty (60) days of the proposal of the ordinance calling for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: A public hearing regarding the proposed annexation of the property shown on Exhibit A is hereby set for August 19, 2025, 6:00 p.m. at the regular meeting of the Board of Directors of the City of Fort Smith, and notice shall be provided to property owners within the area proposed for annexation in the manner prescribed by Ark. Code Ann. § 14-40-502(b). THIS RESOLUTION ADOPTED THIS DAY OF _____________, 2025. APPROVED: ____________________________________ Mayor ATTEST: City Clerk Approved as to form: ______________________________________ City Attorney 143  EXHIBIT A Proposed Annexation Area 6/25/2025, 3:18:41 PM 1:14,246 0 0.1 0.2 0.4 mi 0 0.15 0.3 0.6 km Map data © OpenStreetMap contributors, Microsoft, Facebook, Google, Esri Community Maps contributors, Map layer by Esri City of Fort Smith 144  4E MEMORANDUM TO: Jeff Dingman, Deputy City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Candyce Gabucci, Director of Community Development DATE: June 25, 2025 SUBJECT: Resolution authorizing the submission of the Amended HOME-ARP Allocation Plan and substantial amendment to the Year 2021 Annual Action Plan SUMMARY In 2021, HUD’s Office of Community Planning and Development (CPD) allocated $5 billion appropriated by the American Rescue Plan Act (ARP) of 2021 to HOME Investment Partnerships Program participating jurisdictions. While conducting recent quality control efforts, the Department discovered an administrative error in the allocations of the HOME-ARP funds. This error resulted in the City of Fort Smith inadvertently being allocated less HOME- ARP funds than it was legally entitled to receive. The new allocation for HOME ARP funding should now reflect this addition in funding of $1,708.00 resulting in a final grant total of $1,503,158.00 ATTACHMENTS 1. 04E_HomeARP_AMENDED_PLAN_Resolution6.25.25.pdf Board of Directors Staff Report July 8, 2025 145  4E RESOLUTION NO. ________ A RESOLUTION AUTHORIZING THE SUBMISSION OF THE AMENDED HOME-ARP ALLOCATION PLAN AND SUBSTANTIAL AMENDMENT TO THE YEAR 2021 ANNUAL ACTION PLAN. WHEREAS, In 2021, HUD’s Office of Community Planning and Development (CPD) allocated $5 billion appropriated by the American Rescue Plan Act (ARP) of 2021 to HOME Investment Partnerships Program participating jurisdictions. While conducting recent quality control efforts, the Department discovered an administrative error in the allocations of the HOME-ARP funds. This error resulted in the City of Fort Smith inadvertently being allocated less HOME-ARP funds than it was legally entitled to receive. WHEREAS, on March 10, 2021, due to the nationwide impact of COVID-19, Congress through the American Rescue Plan Act of 2021 (ARP) appropriated $5 billion to communities across the U.S. to provide housing, services, and shelter to individuals experiencing homelessness as well as other vulnerable populations. WHEREAS, CPD Notice 21-10: Requirements for the Use of Funds in the HOME-ARP Program (September 13, 2021) requires the submission of an Allocation Plan for the implementation of the “HOME-ARP” program and plan was approved by the Board of Directors in Resolution #147-22 WHEREAS, HUD sent final approval for the City of Fort Smith’s Allocation plan on November 14, 2022 awarding the city $1,501,450 in HOME-ARP funding. The amended amount following a 2025 update from HUD reflects a total of $1,503,158.00, a difference of $1,708.00 WHEREAS, An ad was placed in the Times Record on February 16, 2023 for a Request for Proposals for HOME-ARP funding. WHEREAS, The Community Development Advisory Committee held a public meeting on March 31, 2023 to review and discuss HOME- ARP Proposals with $1,276,232.50 available to agencies. The Supportive Services category was funded at $255,246 and $1,020,987 in the Affordable Rental Housing category. 146 WHEREAS, it is the recommendation of staff that considering all HOME-ARP recipients are nearing the completion of their funding, the $1708.00 surplus be allocated to Next Step Homeless Services for their non-congregate facility. Furthermore, any HOME-ARP funds not entirely spent by an agency or canceled due to closure will transfer to Next Step Homeless Services to add to their HOME-ARP non-congregate shelter activity. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS THAT: SECTION 1: The HOME-ARP budget is one million five hundred one thousand four hundred fifty ($1,501,450) to be amended to one million five hundred three thousand one hundred fifty eight dollars ($1,503,158) for budgeting purposes is adopted by reference to the attached budget sheet. SECTION 2: The Director of Community Development is authorized to carry out the activities identified in the HOME-ARP Allocation Plan and Program Year (PY) 2021 Annual Action Plan (AAP) Amendment. The Mayor is authorized to execute agreements, his signature being attested by the City Clerk, with the agencies identified in the HOME-ARP Budget as application numbers 1A- 1E to undertake the activities/projects in the HOME ARP Plan and 2021 Annual Action Plan Amendment. SECTION 3: The Fair Housing Program/Policy of the City of Fort Smith as stated in Resolution No. 2214, is reaffirmed to affirmatively further Fair Housing practices in the sale, lease or rental of housing and to prevent discrimination on the basis of race, color, religion, national origin, sex, disability or familial status and to provide a procedure and Fair Housing Officer to assist and educate the public on their rights and procedures available to have complaints reviewed, investigated and resolved. SECTION 4: All approved agencies of HOME-ARP funds will use, at a minimum, the city’s procurement procedures for any services or contracts. SECTION 5: The City Administrator is authorized to execute all grant documents and certifications required by the U. S. Department of Housing and Urban Development. The City Administrator or his authorized agent will be designated as the Environmental Certifying Officer. SECTION 6: The City Administrator or his designated agent is authorized to prepare and transmit any documents required by the U. S. Department of Housing and Urban Development (HUD) 147  related to the HOME-ARP Allocation Plan and amendment of the PY 2021 Annual Action Plan (AAP). THIS RESOLUTION ADOPTED THIS 8th DAY OF JULY 2025. APPROVED: __________________________________________ MAYOR ATTEST: _________________________________ CITY CLERK Approved as to Form: __________________________________________ City Attorney 148  HOME-ARP CDAC Recommendations Organization/Project Project Category HOME ARP CSCDC- Rental/Deposit Assistance Program Affordable Rental Housing $100,000 Next Step Day Room- Homeless Facility/Tiny Affordable Rental Housing $920,987 Homes Center for Legal Services- Legal Services for Supportive Services $31,250 Housing Stability Riverview Hope Campus- Van, Case Mgmt., Supportive Services Food $130,511 Community Rescue Mission- Supportive Services Van, Case Mgmt., Food $93,485 Administration $225,217.50 149 150 151  4F MEMORANDUM TO: Jeff Dingman, Acting City Administrator CC: Maggie Rice, Deputy City Administrator FROM: Sara Deuster, Director of Parks and Recreation DATE: July 1, 2025 SUBJECT: Final Pay for Maybranch Greenway Phase IA SUMMARY The above project consisted of the construction of the first phase of Maybranch Greenway, which will ultimately connect Riverfront Drive to the Kelley Park Ballfields. Phase IA is approximately 0.75 miles and begins at North 7th Street and continues east along P Street, ending at the intersection of North Greenwood Avenue and North O Street. The attached aerial image shows the complete route for Phase IA. This project also includes solar lighting, stamped concrete crossings across all local streets, and two (2) bicycle repair stations along the greenway. To provide a safe crossing at Midland Boulevard, a High Intensity Activated Crosswalk (HAWK) signal was installed. Our department is working with the City's Communications Staff to prepare educational posts for both drivers and greenway users regarding the HAWK signal. The final cost of this project came in at $1,243,865.14, which is 15.7% under the amended contract amount and 1.7% under the original contract amount. The attached resolution accepts the project as complete and authorizes final payment to Steve Beam Construction, Inc. in the amount of $100,502.96. This project is in alignment with the comprehensive plan policies FLU-3.4.2 (Build Maybranch bike trail for connectivity), HN-1.6 (Provide convenient, safe connections between neighborhoods and important destinations...), NCR-1.4 (Develop greenways and trails that serve to connect to the City), and TI-1 (Improve access and connectivity through enhancements of all modes of transportation). Please contact me should you have any questions. ATTACHMENTS 1. 04F_7-8-25_Item_ID_1843_Resolution.pdf 2. 7-8-25 Item ID 1843 Project Summary.pdf 3. 7-8-25 Item ID 1843 Aerial Photo.pdf FISCAL IMPACT: $100,502.96 BUDGET INFORMATION: Budgeted / Parks and Recreation - 1/8% Sales and Use Tax Board of Directors Staff Report July 8, 2025 152  4F RESOLUTION NO. ____________ A RESOLUTION ACCEPTING COMPLETION AND AUTHORIZING FINAL PAYMENT TO STEVE BEAM CONTRUCTION, INC. FOR CONSTRUCTION OF MAYBRANCH GREENWAY PHASE IA _____________________________________________________________________ BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: SECTION 1: The City of Fort Smith hereby accepts the construction of the Maybranch Greenway Phase 1A Project (“Project”) as complete. SECTION 2: Final payment is hereby authorized in the amount of $100,502.96 to Steve Beam Construction, Inc. for the Project. This Resolution adopted this ______day of July2025. APPROVED: ______________________________ Mayor ATTEST: _______________________________ City Clerk Approved as to form: ___________________________ City Attorney 153  PROJECT SUMMARY Maybranch Greenway Phase IA Owner: City of Fort Smith, Arkansas Engineer: Halff Associates Contractor Steve Beam Construction, Inc. Project Description: Construction of approximately 0.75 miles of 10ft-wide, concrete greenway beginning at North 7th Street, traveling east along P Street through Martin Luther King, Jr. Park. Greenway continues south along North Greenwood Avenue and terminates at the intersection of North Greenwood Avenue and North O Street. Original Bid Award $ 1,264,762.10 Contract Revisions Change Order No. 1 $ 211,093.00 Adjusted Contract Amount $ 1,475,855.10 Work Completed to Date $ 1,243,865.14 Less Previous Payments $ (1,143,362.18) Final Payment Amount $ 100,502.96 Amount under original as a percent -1.7% Amount under amended as a percent -15.7% Summary of Change Orders Change Order No. 1 Add approximately 0.25 miles of greenway to continue Phase IA south along North Greenwood Avenue to terminate at the intersection of North Greenwood Avenue and North O Street. 154  Maybranch Greenway Phase IA Approximately 0.75 miles of 10ft-wide concrete multipurpose greenway, beginning at North 7th Street and ending at the intersection of North Greenwood Avenue and North O Street. The complete greenway features solar lighting and two bike repair stations along the route. Rectangular Rapid Flashing Beacons (RRFBs) were installed at North 13th Street and North Greenwood Avenue to increase user safety. A High-Intensity Activated Crosswalk (HAWK) signal was installed for the crossing at Midland Boulevard. As an additional safety measure, stamped concrete crosswalks were installed at each local road crossing. North 7th Street Midland Blvd. HAWK Signal North 13th Street Greenway within MLK Park North Greenwood Avenue North 13th and P Street Crossing North Greenwood and North O Street 155  4G MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Duane McDonald, Director of Solid Waste Services DATE: July 3, 2025 SUBJECT: Non-Residential Solid Waste Collection and Disposal Permit and Agreement SUMMARY BPM Burns Property Maintenance LLC desires to obtain a non-residential solid waste collection disposal permit and agreement with the city of Fort Smith, in order to comply with the city of Fort Smith Municipal code and to haul non-residential solid waste within Fort Smith. This agreement is a two-year permit for the period of July 8 ,2025 to July 7, 2027. This agreement includes the 5% franchise fee, which the Board of Directors voted and approved in December 2020 per Ordinance No. 111-20. Staff recommends this agreement be accepted and approved. Please contact me should you have any questions. ATTACHMENTS 1. 04G_07-08-25_Item_ID_1939_Solid_Waste_Services.pdf 2. 07-08-25 Item ID 1939 Solid Waste Services.pdf Board of Directors Staff Report July 8, 2025 156  4G RESOLUTION NO. ________________ RESOLUTION AUTHORIZING THE EXECUTION OF A NON-RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL PERMIT AND AGREEMENT WITH BPM BURNS PROPERTY MAINTENANCE LLC BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Mayor, his signature attested by the City Clerk, is hereby authorized to execute the attached two (2) year Non-Residential Solid Waste Collection and Disposal Permit and Agreement with BPM Burns Property Maintenance LLC for the period of July 8, 2025 through July 7, 2027. This Resolution adopted this day of July, 2025. APPROVED: _______ MAYOR ATTEST: _______ CITY CLERK Approved as to form: ____________________________NPR 157  NON-RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL PERMIT AND AGREEMENT TH|S AGREEMENT, made and entered on the date set forth below by and between the City of Fort Smith, Arkansas (hereinafter referred to as the "City''), and BPM Burns Property Maintenance LLC. WITNESSETH: WHEREAS, the City is a municipal corporation of the first class of the State of Arkansas and, in its government capacity, owns and operates the City of tort Smith Solid Waste Disposal Facility (the "Faciliff'), which is currently operated as a Class I landfill; and WHEREAS, the City currently provides solid waste collection and disposalservice to residential and non-residential customers within the City; and WHEREAS, BPM Burns Property Maintenance LLC has the consent ofthe City to collect and dispose of solid waste for non-residential customers within the corporate limits of the City; and WHEREAS, the City has evaluated the possibility of exercising its governmental option of providing solid waste collection and disposal services to non-residential customers; and WHEREAS, BPM Burns Prop€rty Maintenance LLC desires to provide non-residential solid waste collection and disposal services for customers located in Sebastian County within and without the corporate limits of the city. NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained herein, and intending to be letally bound hereby, the parties agree as follows: 1. Definitions a. "Solid Wastg" when used in this Agreement, shall have the meaning given to it in Section 25-261 of the Fod Smith Code of Ordinances. b. "Residential Customerc," when used in this Agreement, shall have the meaning given in Section 25-251 of the Fort Smith Code of Ordinances. c. "Non-residential Customers," when used in this Agreement, shall refer to all solid waste customers who are not residential customers as defined by Section 25-261 of the Fort Smith Code of Ordinances. 2. Disoosal of Waste Generated Within the CiW a Solid Waste Disoosal: BPM Burns Property Maintenance LLC agrees that all solid waste Benerated within the City and which is collected by BPM Burns Property Maintenance LLC for disposal shall be hauled by BPM Burns Property Maintenance LLC to the Facility, except as otherwise provided herein. Excepted from this requirement are: (i) any categories of solid waste that the City does not accept for disposal at the Facility; (ii) any customers to which the City may consent in writing executed by the Fort Smith City Administrator to allow to use alternative disposal facilities; and (iii) any recyclables as defined in Section 25- 251 of the Fort Smith Code of Ordinances and any other recycling program identified in writing and approved as an exception by the Fort Smith City Administrator. The City will use reasonable efforts to enforce the designation of the Facility against all waste haulers. b. Rates for Disoosal: The rates for dis posal of solid waste generated within the City and disposed of at the Facility shall be those rates, established from time to time, by the City for the customers of the Faciliw (the "Fort Smith Published Rates"). The City agrees that 158  all waste haulers servicing Non-Residential customers within the City and deliverinB solid waste to the Facility shall be charged the same disposal rates. c. Franchise Fee: An annual fee shall be five (5) percent of gross revenues for service provided by the franchisee inside the City of Fort Smith city limits. This includes, servicing dumpsters, roll-off containers, compactor containeB, collection in refuse vehicles or collecting and hauling refuse in open top truck or dump-trailers, owned or not owned by the franchisee, that is serviced by the franchisee used in the City of Fort Smith. i. The calculation of gross revenues generated from operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with its operation within the city. Gross revenues shall include, but are not limited to revenues received from the collection and disposal of all solid waste, whether by a company bearing franchisee's name or a company owned or controlled by franchisee but operating under a different name. ii. That portion of the annual fee attributable to subsection C above must be paid in a manner and on a schedule approved by the Solid Waste Services Director. iii. The annual fee shall bepaid quarterly, no later than thirty (30) days after the end of each calendar quarter. The payment shall be made to the City of Fort Smith Finance Department. No refund of a fee will be made. iv. Fee payments received after the duedateshall be subject to interest at the rate of 10% until the fees are paid in full. v. This agreement will be subject to non-renewal by the City should the franchise fee NOT be paid by the franchisee when renewal is due. Non-renewal of agreement will mean that franchisee/hauler will NOT be able to collect and dispose of solid waste for non-residential customers within the corporate limits ofthe City. d. RFID Taqs: The city has recently installed RFID readers for quicker entrance and exit to the Landfill. These are available to haulers, however, it is not mandatory. The cost is S2oltagtlVear. Haulers must submit a list of equipment to the city for our records. i. The totalfor all RFID tags will be billed annualty to the haulers account. lnvoice will be Net 30 days from time of billing. Subject to a late fee of ten (10%) of amount owed should the invoice not be paid by the due date. ii. One free replacement RFIO tag, per tagged vehicle, annually. lf more RFID tags are needed for same vehicle there will be an additional S20 per tag. Billed at the next billinB cycle to the haulers account. 3. Disposal of Waste Generated Outside the Citv a. Rates for Disposal: The base rates charged for solid waste generated outside the City "External Rate" and delivered to the Facility by BPM Burns Property Maintenance LLC, shall be the Fort Smith published rates. b. The rates may be adjusted on the anniversary of each year of the term provided for in this paragraph. On each anniversary date, the rates set forth in the Fort Smith published Rates may be adjusted by the percentage that the Consumer Pricing lndex for All Urban Areas ("CPl-U") for the first calendar month of the preceding contract year was exceeded by the CPFU at the be8inning of the next contract year. (The CPI-U is based on the U.S. Department of Labor, Bureau of Labor and Statistics, Consumer price lndex for all urban customers in the U.S. city averaBe, with all items having been computed based on 1982- 8a = 100.0) 159  c. The rates provided for in thls paragraph 3 shall be subject to adjustment by the governing body of the City of Fort Smith upon determination of the governing body that federal or state regulatory agencies have adopted and implemented regulations which have a significant, adverse effect on the rates charged for waste disposal at the Facility (the percentage in change in the rates provided for in paragraph 3 of the Agreement shall not exceed the percentage of rate change published by the City of Fort Smith for waste generated within the City of Fort Smith). 4 Permit: This Agreement shall constitute a permit issued by the City to 8PM Burns Property Maintenance LLC, pursuant to Section 25-321 of the Fort Smith Code of Ordinances. 5 Billing and Pavment: BPM Burns Pro perty Maintenance LLC shall be subject to the CiVs standard billing and payment terms and procedures for customers of the Facility. 6 Compliance with Laws: All waste provided by BPM Burns Property Maintenance LLC to the Facility for disposal shall comply with all current and future applicable Arkansas Department of Environmental Quality Regulations, including Regulation 22 and Regulation 23; and all other applicable federal, state and local environmental requirements. ln the event that BPM Burns Property Maintenance LLC delivers waste to the Facility that does not conform to the identified regulations and requirements, BPM Burns Property Maintenance LLC, shall be responsible for any cost incurred by the City in the treatment and handling of the non-conforming waste. 7 Vehicles a. License: All vehicles utilized by BPM Burns Property Maintenance LLC to deliver solid waste to the Facility pursuant to this Agreement shall have a hauler's license issued by the Sebastian County Regional Solid Waste Management District. b. Covered Loads: All solid waste delivered by BPM Burns Property Maintenance LLC to the Facility pursuant to this Agreement, shall be delivered in vehicles in which all loaded solid waste is covered and secured to prevent blowing or dropping on public rights-of-way or City-owned property from the point of location to the point of disposal at the Facility. 8. lnspection of Records: Both parties shall have access to the governmental and business records of the other party relevant to this Agreement, for the purpose of verifying any information pertinent to this Agreement. Any exercise of such right of inspection shall occur at the normal business office and during the normal business hours of the party who holds the information. BPM Burns Property Maintenance LLC acknowledges that it will comply with reasonable requests of the City for information regarding the types and amounts of solid waste being disposed of at the Facility, as well as the location of the collection of the waste, as relevant to this Agreement. 9. Disoute Resolution: ln the event that either party believes that the other party is in violation of any provision of this Agreement that party shall provide to the other party, in writing, a notice ofthe alleged breach. Within ten (10) days of receipt of notice, the notified party shall respond to the alle8ations. lf the response does not resolve the issue, either party may request, in writing, that a meeting of the parties and/or their authorized representatives, be held. Such meeting shall be held withln thirty (30) days of this request, at the Office of the Fort Smith City Administrator. Except in an emergency situation, neither party may initiate litigation regarding the alleged breach until the dispute resolution provisions, as set forth herein, have been completed. lf this meeting does not result in a resolution of the dispute, either party may pursue any appropriate legal or equitable remedies, including rescission, with a court of competent jurisdiction. 10. Term: This permit and agreement shall have a term of two (2) yeaB ftom July 8, 2025 to July 7,2027. 160 11. Choice of Law: This Agreement shall be governed by the laws of the State of Arkansas. 12. Assirnment: The provisions of this Agreement are not assignable by either party without the prior, written consent ofthe other party. 13. Revocation of franchise: a The board of directoB may revoke any solid waste collection franchise if the franchisee: i. Fails to comply with any provision of this article, any other city ordinance, or any state or federal law applicable to the collection and disposition of solid waste material ii. Makes a false statement in the application or in a hearing concerning the solid waste collection franchise; or iii. Fails to pay a fee required by the article at the time it was due iv. Before revoking a franchise under subsection (a) above, the director shall notify the franchisee in writing that the franchisee is beinB considered for revocation. The notice must include the reason for the proposed revocation, and a statement that the franchisee has ten (10) days to comply with the notice. 1. Franchise shall be revocable upon ten (10) days notice by the City when, in the opinion of the designated agent of the Fort Smith City Administrator, the work being performed by BpM Burns property Maintenance LLC is being performed in such a manner as to constitute a public menace or nuisance or to be detrimental to the health, safety, and welfare ofthe citizens ofthe City. b Should a franchisee have its franchise revoked, the franchisee may be granted a period of time, up to a maximum of six (6) months, by the director to conclude its solid waste business in the City of Fort Smith, as long as the franchisee continues paying the set franchise fee and maintains the required insurance requirements. 14. Non-transferabilitv: A solid waste collection franchise issued to one (1) person may not be transferred to another person without authorization by the board of directors. 15. lndemnification: BPM Burns Property Maintenance LLC agrees to indemnify and hold harmless the City from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees resulting from BpM Burns Property Maintenance LLC operations hereunder. Provided, however, that BpM Burns Property Maintenance LLC shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, or attorneys' fees solely caused by the willful or negligent acts or omissions ofthe City's employ€es. 16. lnsurance: BPM Burns Property Maintenance LLC shall at all times during the term of this Agreement maintain in full force and effect Employer,s Liability, Workmen,s Compensation, Public Liability, and Property Damage lnsurance. Before commencement of work under this Agreement, BPM Burns Property Maintenance LLc agrees to furnish to the city certificates of insurance or other evidence to the effect that such insurance has been procured and is in force. For the purpose of this Agreement, BpM Burns property Maintenance LLC shall carry the following types of insurance in at least the amounts specified below: 161  Workmen's Compensation Statutory Employe/s Liability S 5m,m0.m Liability Bodily lnjury $ 500,{XX).00/occurrence (except automobile! S 1,000,fl)0.00/aggreFte Liability Property Damate $ 500,0fi),00/occurrence (except automobilel $ t 000,000.00/aggregate Automobile Bodily lnjury liability $ 500d)0.00/person $ 1,000,fiXf .fit/occurrence Automobile Property Damate Liability $ 500,000.00/occurrence Excess Umbrella Liability $ 2,00,m0.00/occurrence 17. Force Maieure: Neither party hereto shall be liable for its failure to perform hereunder due to circumstances beyond its reasonable control, includin& but not limited to, strikes or other labor disputes, riots, civil disturbances or sabotage, fires, floods. explosions, accidents. weather or acts of God affecting either party hereunder. ln the event any of the circu mstances listed in the preceding sentence, or if any federal, state or local court or authority takes any action which would (i) close or restrict operations at the Facility, (ii) limit the quantity or prohibit the disposal of waste at the tacility or, (iii) limit the ability of or prohibit BPM Burns Property Maintenance LLC. from delivering waste to the Facility, BPM Burns Property Maintenance LLC shall have the right, at its option, to reduce, suspend or terminate delivery of waste to the Facility, as set forth hereunder, immediately, without prior notices and without any additional liabilities between the partles. 18. Severabiliw: lf any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall remain in effect and be construed without regard to such provision. 19. Entire Asreement: This Agreement constitutes the entire understandin8 between the parties, replacing and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, representatives and approved assigns. Any provision, term or condition in any acknowledgment, purchase order or other response by the City to BPM Burns Property Maintenance LLC, or by BPM Burns Property Maintenance LLC to the City, which is in addition to or different from the provisions of this Agreement shall be deemed objected to by the other party and shall be of no effect. 20. Counterparts and Electronic SiEnature: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall consttute one and the same instrument. The facsimile, email or other electronically delivered signatures ofthe parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. SiBnatures delivered by facsimile, email or other electronic means shall bind the signatory notwithstanding any subsequent failure or refusalto deliver an original signature signed in ink. 162  21. otic6: Any notice requared to be given pursuant to the provisions of this Agreement shall be considered to be validly delivered, if it is sent by U.5. Certified Mail or if it is hand delivered and a signed re€eipt is obtained. Such notice should give the folbwing: lf to the City: City of Fort Smith - Solid Waste Services Director of Solid Waste Services 59(X) Commerce Rd Fort Smith, AR 72916 lf to: BPM Burns Property Maintenance LLC Patric* Bums 2910 Whittingslow Boad Greenu,ood, AR 72936 14791 4Ut-5617 BurnsDrooertymaintenance22(agmail.com This Agreement is executed as of this _ day of by the authorized representatives of the parties. CIrY OF FORT SMITH, ARXANSAS By: George B. Mc6ill, Mayor ATTEST: City Clerk By: ,\k t\t Owner ix BPM Burns Property Maintenance LLC 163  ACORD_O CERTIFICATE OF LIABILTW INSURANCE a5|1Um25 THIS c ERTIFICA TE IS ISSUED [,lATTER OF INFORMATION ONLY AND COt{FERS ilo RIGHTS UPON THE CERTIFICATE HOLDER. THIS C€RTIFICATE ooEs OT AFFIR}IATIVELY OR NEGATIVEL A.MEND, EXTEIIO OR ALIER THE COVERAGE AFFOROED BY IHE POLICIES BELOW THIS CERTIFICA TE OF INSURANCE DOES NOT CONSTIIUTE CO TRACT BETWEEN THE rssutNG lNsuRER(S). AUTHORIZED REPRESENTA TIVE OR PROOUCER, AND THE CERTIFICATE HOLOER, IMPORTAHT: tf ihe c€rtificate holdet is an AODITIONAL INSURED the policy(iesl mu6t AOOtIrOtiAt INSURED Provi5ions b€ endorsed. II SUBROGA Ttolt ts subiect lo th€ and cohditons the potcy, c€rtain policies €Ildors€ment statenrent this cetTificalr does not cofitet to the certfficate holder lleu such PnoolEti ia€It Rrst lrierrrrEe Ar€n(v. lrx, PO t 6lAT $s5\ 2?2-5919 PJo Arto. CA 941{5 ary9!.6nqEl{gE.com !.!laEq8, COYERT€E tatc a ^F6Oaa6 lrt$ra,l<e US Cd'lqiq_ 16245 IEEO 8Pl, 8irrn, Progerw Mat r.i..r€ !gE_E-: 29! O ${ritlineloiv er, asunq c: Gre€rrrood. An 72916 l.a,rE t o: allt tEi f: COVERAGES CERTIFICATE NU BER, T*I)97A2'i' REVISION NUUBER: Trlts rs TO CER-tIFY THAl THE POLIC OF INSURANCE LISIEO BELOW HA VF- TO THE INOICATED, NOTwlIHST ASOVE THE POLICY PEROO REQUIREMENT ]EFfuI coNomoN AF CONIRACI oa oTllfR riT RESPECT TC WHICH THIS CERTI TE trl D IHE AFFORO€D 8Y THE IS SUBJECf TC ANT) CONDI OF POLICtES. 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Alt right5 ressrved. ACORD 25 (2016/03) Tha ACORD name and logo a.e reglrt rsd m.rts d ACORD 164  TMIE I' ,l,t,rYYYV) CERTIFICATE OF LIABILITY INSURANCE 06't13t2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF II{FORI{ATION OT{LY ANO CONFERS t{O RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES IIOT AFFIRI{ATIVELY OR NEGATIVELY AIIEI{D, EXTENO OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. THiS CERTTFICATE OF IISURANCE DOES NOT CONSnTUTE A CONTRACT BETWEEi| THE |SSU|NG TNSURER(S), AUTHORTZED REPRESEI{TATIVE OR PRODUCER, ANO THE CERTIFICATE HOLOER. IIIIPORTANT: ll th6 cortificate holder ls an ADDITIOI{AL INSURED, tho pollcy(ies) must have AOOITIOI{AL IiISURED provisiont or bo €ndo.aed. lf SUBROGAnOI lS WAlvED, subi€ct to the terrrs and condltions of the pollcy, c€rtain policiG may rgqulre an ondoraGftont A statament on lhis cortltlcato doos not confe. rights to tho cortificato holdor ln llsu ot such sndorsomgnt(6). PRODUCER StateFarm Heath Roberls (- 22i8 S 57th Slreet @ Fort Smilh AR 72S033811 Bums. Patrick 2910 \ i|-|TTTINGSLO\ ,/ RD GREENWOOO AR 729367944 COVERAGES CERTIFICATE NUMAER: REVISION NUMBER: TH IS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INOICATED- NOTWTTHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W}1ICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS INSR T }dJCY ETF COiIMERCIAL GEN ERAI UABILITY EACI] OCCURRENCE 5 OAMAGE TO RENTEO @CUF 5 MED ExP {Any o6 poaon) 5 PERSOML &AOV INJURY s G€N'L AGGREGATE LIMIIAPPLIES PER GENERAL AGGREGATE s T I PRG T--,1 POLCY L lJEc.r L---.1 LOC PNODUCTS - COM P/OP AGG s AUIOXOBILE LI,ABILITY 375 898SF29-(x 12f2912O24 0612912025 . (E @cqrl s BOOIL'/ INJUFIY 1, 000 or/lNEo AUTOS ONLY X AUTOS SCHEOUIEO N N BODILY TNJURY (P€. accdent) s 1,000,000 HIRED NONOII'NEO AUTOSONLY AUTOS ONLY sl 000,000 5 O@UR atr{CH Cr@URRENCE s EXCESS LIAB CLAIi'UAO€ AGGREGATE 5 oEo RETENTION 5 s woRxERS CO PENSAllot TI{D EiIPLOYERS' LUISILITY s ANY PROFfr IETOR/PARI!'{ER,/EXECUTIVE E.L EACH rcclOENI s OFFICER/MANAER EICLUOEO? EL OISEASE . EA EMPIOYEE S OF OP€ € L OISEASE. pOLTCY L|MIT DEaCRlPtlCrt OF OPERAI!O|{9, lcAllol{s, VEHICLES IACOFIr lol, Arl.tltlooll i.flrla llclr.duL! y b..itrcn dfrErrf.ctbnqdEdl 2018 CHEVROLET 2500 CERTIFICATE HOLOER CANCELLATION SHOULD ANY OF THE ASOVE DESCRIAED POLICIES 8E CANCELLEO BEFORE THE EXPIRATIOI{ DATE THEREOF, I{OTICE WILL BE DELIVEREO IX ACCORDAiICE WTTH THE POLICY PROVISIONS. AUTHORIzEO REPRESENTATIVE ThB lorm was system{.neraled on 0611 3/2025 O 1988-2015 ACORD CORPORATION. A righE r€served. ACORO 2s (20r6/03) Ths ACORO neme and logo arE registsr€d marts of ACORD 1@1!& 2005 156279 205 01-19_2@3 165  ,-r, A(:()RI)- CERTIFICATE OF LIABILITY INSURANCE oaIE lflls/oo/YYYY) o6t13t2025 THIS CERTIFICATE IS ISSUEO AS A iIATTER OF IiIFORI{ANOI ONLY A D CO FERS RIGHTS UPOI{ THE CERNFICATE HOLOER. THIS CERTIFICATE DOES AFFIR ANVELY OR IEGATIVELY ATIE'{D, EXTENO OR ALTER '{O THE COVERAGE AFFOROED BY THE POLICIES BELOW. TH|S CERTIFTCATE'{OT OF TNSURANCE OOES NOT CONSnTUTE A COi|TRACT BETWEEN THE r$gull{G TNSURER(S), AUTHORTZED REPRESE}ITA'IIVE OR PRODUCER, AIIO THE CERTIFICATE HOLOER. lltPORTAa{T: lf tho c€rtilicate holder ls an AOOInONAL INSURED, tho pollcf(lea} must h6ve ADDITIONAL INSUREO provbiona or bo ondorrod. lf SUBROGATIOT{ lS WAIVED, 3nbJoct to ths t6nna and conditionr of tho pollc1,, certaln policios may roqulrg an endoEomenl A .latement on thls certlflceto does not confqr rightE to ths csrtitlcato holder in lieu ol such sndorsement(s). PRODIJCER Heath Rob€rts State Farm Healh Robe.ls 479-452408A (- 2218 S. 57th SIle€I @ heath roberls rNsuRERls) aFFoRDTNG COvERAGE com Fort Smith AR 729033811 rnsuiERA: Slate Farm Mutual Aulomobile lnsu€nce 25178 INSURER g Bums, Patrick 2910 VfiITTINGSLOW RD INSURERO INSURER€ GREENWOOD AR 72936794,1 COVERAGES CERTIFICATE NUMBER REVISION NUNIBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO EELOW HAVE BEEN ISSUED TO THE INSUREO NAII/IEO ABOVE FOR THE POLICY PERIOD INOICATED NOTW]THSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT IO WHICH THIS CERTIFICATE II,IAY BE ISSUED OR ['AY PERTAIN, THE INSURANCE AFFORDEO 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOW! MAY HAVE AEEN REDUCED AY PAID CLAIMS, POUCTEiP , COTIERCITL GEiIERAL UABIUTY EACH OCCI]RRENCE s - OAMAGE TO RENIED OCCUR PREMISES rEalrDllE]Er MED EIP (Any ane p€.rdr) s PERSOML A AOV INJURY s GEI] L AGGREGATE LIMIT APPLIES PER GENERAL A6GREGATE 5 T- l PRo T---l POLICY L -l JEcl L l Loc PRODUC1S , COMP,IP AGG s olr"rER S AUTOMOBILE LIABILN'T 0390481SFP,04 mn9t2025 12n912025 s- OUAED BODILY NJURY s 1.000,000 AUIOS ONLY scr-rEouLEo X AUTOS NN @OILY INJURY (Psr accdmtl 3 1.000,000 HIREO NONO!\'NED AUIOS ONIY AUTOSONLY s 1 000 000 s UIBRELLA UTA occuR I EACH OCCURRENCE $ EICESS UAA CLAII'SIIAOE l^**** s oEo REIENIION 5 IIORKERS CO"PENSANON ]PER I ANO€ PLOYERS'LUTBIUTY L sTAIutE l s ANY PROPSIETOF/PARTNER/EXECTJIIVE EL EACH ACCIOENT s OFFLCER/I'EM8ER EXCIUDEO' I NH) E L OISEASE . E EMPIOY s E L OISEASE. POL|CY LIMIT S I DE9CRIPnO.I OF OPERAI|OIiS, Loc^lloil8, VEHICLES IAC*L rol, Ad.ftmr R.m*. Sct dub, f,y !. ril..lt d t mr.p.o a. trqdrdl 2018 CHEVROLET25OO CERTIFICATE HOLOER CANCELLATION SHOULD AI{Y OF THE ABOVE OESCRIBED POLICIES AE CANCELLED BEFORE THE EXPIRATION DATE IHEREOF, NOTICE wlLL BE DELIVERED IN ACCORDAI{CE WTH IrIE POI.ICY PROVISIOI{S, AI'TIIORIZEO FEFRESENIAITVE lhis bfl,rwds syshfi.!€|66bd Gr 00132025 @ 1988.2015 ACORD CORPORATION. All righB r6erv€d. ACORO 25 (2016/03) Tho ACORD name and logo ar6 ,€glstersd marks ofACORO 1001a6 2@5 155279 205 01,1+2@3 166  ARI(ANSAS WORKERS' COMPENSATION COMMISSIO:, ..VORJ(ERS' COMPENSATION INSURANCE CERTIFICATE OF NON{OVERAGE Note to Prime confi'acrors: lt is a felony h compel a sole proprietor or partnership to obrain ii,::; ceaificate of Non{overage when the sole proprietor or parmership does flot desire to do so- AIso, !t is advisable that you view an original of dris document which clearly indicates thc official seal of the Commission and bears a signature of lhe designec of the Commis_sion. This certificate of Non4overage is issued urder authority ofArL code Ann. gg I l-9-102 (9) and I I -9a02@). The certifrcde holdcr rgfercnced below has applied for and obtained this Certificate and has lawfufly elected to exclude the ! sole proprietor,fi partne(s), or I membe(s) of a limited liability company, as indicated below, from the mandatoy insurance requirements oithe Arkansas *'orkers' compensation laws, The nam(s) of the specifr applican(s) to be excluded from coverage under the wo*erd comPensation laws is/are so listed; no other applicant is included in this authori-ty witlrout separate agplicarion. Company Name: BURNS PROPERTY MAINTENAN CE Company Address: 29IO WHITTINGSLOW R.D GREENWOOD AR 72836 SIGNATI'RE NOTARIZED: PA'IRICKBURNS SSN: xx:o<x0l 80 Business Type: Limited Liabiliry C ompany Effecrive Dare: 4D9t2025 Expimtioo Date: 4/29n027 Agent's Name: Agent's Address: Agent's Telephone No This instrument certifies that the applican(s) hasi/have complied with the Arkansas wor&ers, compensation laws and has/have elected to not be covercd by a poticy of wo*ers' compersation insurance in ac,eordance with Ark.Code Ann. gg I l-9-102(9) and I l-9-402(c). ,4#tulfu AWCC Compllance Officer 167  CIW OF FORT SMITH, ARKANSAS BUSINESS REGISTRATTON OFFICE OF DEVELOPMENT SERVICES 623 Garrison Avenue, Fort Smith, AR 72901 (4791 784-2216 | ptanning@fortsmithar.gov Business Name: BURNS PROPERW MAINTENANCE Business Type(s): 23611g Handyman construction DBA: BURNS PROPERTY MAINTENANCE service, residential building Business Location: 2910 WHITTINGSLOW RD Malllng Address: pO BOX 2591 GREENWOOD, AR 72936 GREENWOOD, AR 72936 Owner: PATRICK BURNS License Number: 007787-2025 License Type: Contractor's Office lssued Date: 4lt4/202s Classification: Occupational Business Expiration Date: 4lt4/2026 $0.00 (1) Business Registrations are non'transferrable and mus.t be posted in a conspicuous place in the licensed k-eep thts registratron varid as issues, it ir business locatlon. To r.rponri[iritv voui tJ i""p it .rr*"il''--- business to opu|..tu in conrlicrwith the raws or [lllHi::i::tdh"J'il?::]tfi:::a the city or Fort smith (incrusive or zoning (3) A chanee in business location, classifications, or ownership will necessitate a new license application process. TO BE POSTED IN A CO NSPICUOUS PLACE 168 7 I rr 7 7 169  4H MEMORANDUM TO: Jeff Dingman, Acting City Administrator FROM: Duane McDonald, Director of Solid Waste Services DATE: July 3, 2025 SUBJECT: Non-Residential Solid Waste Collection and Disposal Permit and Agreement SUMMARY Junk-It, LLC desires to obtain a non-residential solid waste collection and disposal permit and agreement with the City of Fort Smith, in order to comply with the City of Fort Smith Municipal Code and to haul non-residential solid waste within Fort Smith. This agreement is a two-year permit for the period of July 8, 2025 to July 7, 2027. This agreement includes the 5% franchise fee, which the Board of Directors voted and approved in December 2020 per Ordinance No. 111-20. Staff recommends this agreement be accepted and approved. Please contact me should you have any questions. ATTACHMENTS 1. 04H_07-08-2025_Item_ID_1967_Solid_Waste_Services.pdf 2. 07-08-2025 Item ID 1967 Solid Waste Services.pdf Board of Directors Staff Report July 8, 2025 170  4H RESOLUTION NO. ________________ RESOLUTION AUTHORIZING THE EXECUTION OF A NON-RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL PERMIT AND AGREEMENT WITH JUNK-IT, LLC BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FORT SMITH, ARKANSAS, THAT: The Mayor, his signature attested by the City Clerk, is hereby authorized to execute the attached two (2) year Non-Residential Solid Waste Collection and Disposal Permit and Agreement with Junk-It, LLC for the period of July 8, 2025 through July 7, 2027. This Resolution adopted this day of July, 2025. APPROVED: _______ MAYOR ATTEST: _______ CITY CLERK Approved as to form: ____________________________NPR 171  NON.RESIOENTIAL SOLID WASTE CO TTECTION AND DISPOSAT PERMIT AND AGREEMENT THIS AGREEMENT, made and entered on the date set forth below by and between the City of Fort Smith, Arkansas (hereinafter referred to as the "City'), and Junk-lt, LLC. WITNESSETH: WHEREAS, the City is a municipal corporation of the first class of the State of Arkansas and, in its government capacity, owns and operates the City of Fort Smith Solid Waste Disposal Facility (the "Facility''), which is currently operated as a Class I landfill; and WHEREAS, the City currently provides solid waste collection and disposal service to residential and non-residential customers within the City; and WHEREAS, lunk-lt, LLC has the consent of the City to collect and dispose of solid waste for non- residential customers within the corporate limits of the City; and WHEREAS, the City has evaluated the possibility of exercising its governmental option of providing solid waste collection and disposal services to non-residential customers; and WHEREAS, Junk-lt, LLC desires to provide non-residential solid waste collection and disposal services for customers located in Sebastian County within and without the corporate limits of the City. NOW, THEREFORE, in consideration ofthe mutual covenants and promises contained herein, and intending to be legally bound hereby, the parties agree as follows: 1. Definition s a. "Solid Waste," when used in this Agreement, shall have the meaning given to it in Section 25-261 of the Fort Smith code of Ordinances' b. "Residential CustomeE," when used in this Agreement, shall have the meaning Eiven in Section 25-251 of the Fort Smith Code of Ordinances. c. "Non-residential Customers," when used in this Agreement, shall refer to all solid waste customers who are not residential customers as defined by Section 25-251 of the Fort Smith Code of ordinances. 2. Disposal of waste Generated Within the CitY a. Solid Waste Disoosal: Junk-lt, LLc agrees that all solid waste Senerated within the City and which is collected by Junk-lt, LLC for disposal shall be hauled by Junk-lt, LLc to the Facllity, except as otherwise provided herein. Excepted from this requirement are: (i) any categories of solid waste that the City does not accept for disposal at the Facility; (ii) any customers to which the City may consent in writing executed by the Fort Smith City Administrator to allow to use alternative disposal facilities; and (iii) any recyclables as defined in Section 25-261 of the Fort Smith code of Ordinances and any other recycling program identified in writing and approved as an exception by the Fort Smith City Administrator- The City will use reasonable efforts to enforce the designation of the Facility against all waste haulers. b. Rates for Disoosal: The rates for disposal of solid waste generated within the city and disposed of at the Facility shall be those rates, established from time to time, by the city for the customers of the Facility (the "Fort Smith Published Rates"). The City agrees that 172  all waste haulers servicing Non-Residential customers within the City and delivering solid waste to the Facility shall be charged the same disposal rates. c- Franchise Fee: An annual fee shall be fle (5) percent of gross revenues for service provided by the franchisee inside the City of Fort Smith city limits. This includes, servicing dumpsters, roll-off containers, compactor containers, collection in refuse vehicles or collecting and hauling refuse in open top trucks, owned or not owned by the franchisee, that is serviced by the franchisee used in the City of Fort Smith. i. The calculation ofgross revenues generated from operation within the city shall include all revenue, as determined in accordance with generally accepted accounting principles, which is derived, directly or indirectly, by the franchisee from or in connection with its operation within the city. Gross revenues shall include, but are not limited to revenues received from the collection and disposal of all solid waste, whether by a company bearing franchisee's name or a company owned or controlled by franchisee but operatin8 under a different name. ii. Ihat portion of the annual fee attributable to subsection C above must be paid in a manner and on a schedule approved by the Solid waste Services Director. ili. The annual fee shall be paid quarterly, no later than thirty (30) days after the end of each calendar quarter. The payment shall be made to the City of Fort Smith Finance Department. No refund of a fee will be made. iv. Fee payments received after the due date shall be subject to interest at the rate of 10% until the fees are paid in full. v. This agreement will be subject to non-renewal by the City should the franchise fee NOT be paid by the franchisee when renewal is due. Non-renewal of agreement will mean that franchisee/hauler will NOT be able to collect and dispose of solid waste for non-residential customers within the corporate limits of the City. d. RFID Tass: The city has recently installed RFID readers for quicker entrance and exit to the Landfill- These are available to haulers, however, it is not mandatory. The cost is 520/tag/year. Haulers must submit a list of equipment to the city for our records. i. The total for all RFID tags will be billed annually to the haulers account. lnvoice will be Net 30 days from time of billing. Subject to a late fee of ten (10%) of amount owed should the invoice not be paid by the due date. ii. One free replacement RFID tag, per ta88ed vehicle, annually. lf more RFID tags are needed for same vehicle there will be an additional S20 per tag. Billed at the next billing cycle to the haulers account. 3 Generated Outside the a. Ra tes for Disoosal: The base rates cha rged for solid waste generated outside the City "External Rate" and delivered to the Facility by Junk-lt, LLC, shall be the Fort smith published rates. b The rates may be adjusted on the anniversary of each year of the term provided for in this paragraph. On each anniversary date, the rates set forth in the Fort Smith Published Rates may be adjusted by the percentage that the Consumer Pricing lndex for All Urban Areas ("CPFU") for the first calendar month of the preceding contract year was exceeded by the CPI-U at the beginning of the next contract year. (The CPI-U is based on the U.5. Department of Labor, Bureau of Labor and Statistics, Consumer Price lndex for all urban customers in the U.S. city average, with all items having been computed based on 1982- 84 = 100.0) 173  c. The rates provided for in this paragraph 3 shall be subject to adjustment by the governing body of the City of Fort Smith upon determination of the governing body that federal or state regulatory agencies have adopted and implemented regulations which have a significant, adverse effect on the rates charged for waste disposal at the Facility (the percentage in change in the rates provided for in paragraph 3 of the Agreement shall not exceed the percentage of rate chan8e published by the city of Fort Smith for waste generated within the City of Fort Smith). 4 Permit: This Agreement shall constitute a permit issued by the City to Junk-lt, LLC, pursuant to Section 25-321 of the Fort Smith Code of Ordinances. 5 Billins and Pavment: Junk-lt , LLC shall be subiect to the City's standard billing and payment terms and procedures for customers of the Facility. 6 Comp liance with Laws: All waste provided by Junk-lt, LLC to the Facility for disposal shall comply with all current and future applicable Arkansas Department of Environmental Quality Regulations, including Regulation 22 and Regulation 23; and all other applicable federal, state and local environmental requlrements. ln the event that Junk-lt, LLC delivers waste to the Facility that does not conform to the identified regulations and requirements, Iunk-lt, LLC, shall be responsible for any cost incurred by the City in the treatment and handling of the non-conforming waste. 7 Vehicles a. License: All vehicles utilized by Junk-lt, LLC to deliver solid waste to the Facillty pursuant to this Agreement shall have a haule/s license issued by the Sebastian County Regional Solid Waste Management District. b. Covered Loads: All solid waste delivered by J unk-lt, LLC to the Facility pursuant to this Agreement, shall be delivered in vehicles in which all loaded solid waste is covered and secured to prevent blowing or dropping on public rights-of-way or City-owned property from the point of location to the point of disposal at the Facility. 8. lnspection of Records: Both parties shall have access to the governmental and business records of the other party relevant to this Agreement, for the purpose of verirying any information pertinent to this Agreement. Any exercise of such right of inspection shall occur at the normal business office and during the normal business hours of the party who holds the information. Junk{t, LLC acknowledges that it will comply with reasonable requests of the City for information regarding the types and amounts of solid waste being disposed of at the Facility, as well as the location of the collection of the waste, as relevant to this Agreement. 9. Dispute Resolution: ln the event that either party believes that the other party is in violation of any provision of this Agreement that party shall provide to the other party, in writinS, a notice of the alleged breach. Within ten (10) days of receipt of notice, the notified party shall respond to the allegations. lf the response does not resolve the issue, either party may request, in writing, that a meeting of the parties and/or their authorized representatives, be held. Such meeting shall be held within thirty (30) days of this request, at the Office of the Fort Smlth City Administrator. Except in an emergency situation, neither party may initiate litigation regarding the alleged breach until the dispute resolution provisions, as set forth herein, have been completed. lf this meeting does not result in a resolution of the dispute, either party may pursue any appropriate le8al or equitable remedies, including rescission, with a court of competent jurisdiction. 10. Term: This permit and agreement shall have a term of two (2) years from July 8, 2025 to july 7,2027 . 11. choice of Law: This Agreement shall be Boverned by the laws of the State of Arkansas. 174 12. Assisnment: The provisions of this ABreement are not assignable by either party without the prior, written consent of the other party. 13. Revocetion of franchise: a The board of directors may revoke any solid waste collection franchise if the franchisee: i. Fails to comply with any provision of this article. any other city ordinance, or any state or federal law applicable to the collection and disposition of solid waste material ii. Makes a false statement in the application or in a hearing concerning the solid waste collection franchise; or iii. Fails to pay a fee required by the article at the time it was due iv. Before revoking a franchise under subsection (a) above, the director shall notify the franchisee in writing that the franchisee is bein8 considered for revocation. The notice must include the reason for the proposed revocation. and a statement that the franchisee has ten (10) days to comply with the notice. 1. Franchise shall be revocable upon ten (10) days notice by the city when, in the opinion of the designated agent of the Fort Smith City Administrator, the work being performed by Junk-lt LLC is being performed in such a manner as to constitute a public menace or nuisance or to be detrimental to the health, safety, and welfare of the citizens of the City. b Should a franchisee have lts franchise revoked, the franchisee may be granted a period of time, up to a maximum of six (6) months, by the director to conclude its solid waste business in the City of Fort Smith, as long as the franchisee continues paying the set franchise fee and maintains the required insurance requirements. 14. Non-tra rabilitv: A solid waste collection franchise issued to one (1) person may not be transferred to another person without authorization by the board of directors' 15. lndemnification: Junk-lt, LLC agrees to indemnify and hold harmless the City from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees resulting from Junk-lt, LLc operations hereunder. Provided, however, that Junk-lt, LLC shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, or attorneys' fees solely caused by the willful or negliBent acts or omissions of the City's employees. 15. lnsurance: Junk-lt, LLC shall at all times during the term of this Agreement maintain in full force and effect Employer's Liability, Workmen's Compensation, Public Liability, and Property Damage lnsurance. Before commencement of work underthis Agreement, Junk-lt, LLC agrees to furnish to the City certificates of insurance or other evidence to the effect that such insurance has been procured and is in force. For the purpose of this Agreement, Junk-lt, LIC shall carry the following types of insurance in at least the amounts specified below: Workmen's Compensation Statutory Employe/s Liability s 500,000.00 175  Bodily lnjury tiability $ 500,fi)0.fl/occurrence (except automobile) S 1,0o0,ooo.oo/aggresate Property DamaEe Liability S 5oo.ooo.0o/occu rrence (except automobile) S 1,(X)0,(X)0,O0/agtregate Automobile Bodily lnrury Liability S 500,ff)0.00/person S 1,000,000.00/occurrence Automobile Property Damage Liability S 500,00o.00/occurrence Excess Umbrella Liability 5 2,000,000.00/occurrence 17. Force Maieure: Neither party hereto shall be liable for its failure to perform hereunder due to circumstances beyond its reasonable control, including, but not limited to, strikes or other labor disputes, riots, civil disturbances or sabotage, fires, floods, explosions, accidents, weather or acts of God affecting either party hereunder. ln the event any of the circumstances listed in the preceding sentence, or if any federal, state or local court or authority takes any action which would (i) close or restrict operations at the Facility, (ii) limit the quantity or prohibit the disposal of waste at the Facility or, (iii) limit the ability of or prohibit Junk-lt, L[c, from delivering waste to the Facility, Junk-lt, LLC shall have the right at its option, to reduce, suspend or terminate delivery of waste to the Facility, as set forth hereunder, immediately, without prior notices and without any additional liabilities between the parties. 18. Severabilitv: lf any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall remain in effect and be construed without regard to such provision. 19. Entire AEreement: This Agreement constitutes the entire understandin8 between the parties, replacing and amending any prior agreements between the parties, and shall be binding upon all parties hereto, their successors, heirs, representatives and approved assigns. Any provision, term or condition in any acknowledgment, purchase order or other response by the City to Junk-lt, LLC, or by Junk-lt, LLC to the city, which is in addition to or different from the provisions of this Agreement shall be deemed ob.iected to by the other party and shall be of no effect. 20. counterparts and Electronic si:nature: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The facsimile, email or other electronically delivered signatures of the parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. Signatures delivered by facsimile, email or other electronic means shall bind the signatory notwithstandinB any subsequent failure or refusal to deliver an original signature signed in ink. 21. Notices: Any notice required to be given pursuant to the provisions of this Agreement shall be considered to be validly delivered. if it is sent by U.S. Certified Mail or if it is hand delivered and a signed receipt is obtained. Such notice should give the following: lf to the city: City of Fort Smith - Solid Waste Services 176  Director of Solid Waste Services 5900 Commerce Rd Fort Smlth, AR 72916 lf to: Junklt Charles Fiser / John Eutton P.O. Box 17373 Little Rock, AR 72222 501-707-8808 This A8reement is executed as of this day of by the authorized representatlvos ofthe partl€s. - CITY OF FORT SMITH, ARKANSAS BY Georg€ B. Mccill, Mayor ATTEST: - City Clerk Byi ny Name 177  w-9 {B€v. Octob.r 2018) Request for Taxpayer ldentificatlon Number and Certification Give Form to the lsguester. Do not Departhonl ol U. TBaflry s€nd to the lRS. lnlemal Rsvdus Sorvk. > Go lo el*w.lrs-gorlForml,l/9 tor lnslrucllors 6nd tte latest lnlormation. lncome ral relum). N.me ls requir€d on tt s llnoj do not l6a!s lhls llna bhnk- u.il vt-c 2 Euslness namddisregard€d eitlly namq r cftlto.sni fto(n abow q E Ch.ck.ppropdat! box lor l.daral ter cl.gdlicalion ol h. p€Gon wiose n!m. b entsGd on llne 1. Ohod< only om of ihs 4 Exohpllorre (coder aplly onty ro follo$lng !ev!n box.r, { o€rlaln 6n00€s. nol lndivldrals: s€€ lnslruslions on P8ge 3): E hdieit aysot6 gopdero. - D c c.p","to.t E s c"rpor"tlon E purt,*"tgp E rn*rot"t" shgl€-rltglnb€r tIC Ersmp( paye cod. Gl rny) E[ LnmO frUttty .o.p",ry. E{|isr Ui€ tsr cl6lfcslion (C:C co.po€tton, S-S .o.poBdon, tEPsdn€hb] > 9 llot : ctr.k lho appmpdalE bor ln ths llne &ovo tor ti. llx cla3sllicalon of tho BlngbfidnbEr ovrn€r. Do nor ch€ck a€.nption tlm FATCA r€p.rrjnE tIC if !h€ ILC ls olr.slnsd as a slngh-rn6rbsr L.Lc tut b dbrsgadsd trom h6 orn€. l,1h33 itl6 ownor ot UB LLC B txih.r LIC tl|gl b mt dbr€g6rdrd |rom fl€ olrrtr tor U,S. lsdd.l trr purDos.i- ()ln€rwl6!, a .t€i6-rndhb€r LLC coda (rl .ny) ls dbr€{,lrdsd ltun lh. ow.r6r should d.ck ttB apF.opr& bo(to. tho t r ch$ifc.lon d Is owrE . E Other (6€a llEuucioor) > l4p!.- b.ffia:.dr.d 6drtu usj 3nd apt. d sults noj Se€ lnslructlons. name and .dorosr {oplionEl) 0 6 Clly. slalo, and ZP code I e e4c4t Rfl- 1L1,77- 7 Usr oc.ounl numb€(s) tEro (oplioaa, Part I ldentification Number IlIl Enter your TIN ln lha approprlate box. The TIN provided must mdtch the nam6 giv€n on lln6 1 to evoid Social se.{rily nuEbGr backup wilhholdhg. For lndividuals. thls as generally your social seurity numb€r (SSl'0. Ho$rever, for e resideit alien, sole propdetor, or disregarded entity, 6eo tho Instructons lo, Pan l, laler. For other enlnies, it is your empk yer identitication number (ElN). lf you do aot havs a number, s6e How lb glet a nM ht€r. or Nole: lf ihe acoount b in moao than ooo namq s66 the lnstruc,tions {or [n6 1 . AJso s€6 Whal NEm6 and ldenuficatlon numb.r l,lumfua To Glve lhe Ftquests, for guidalines o'l whose numbor to enter. o I i q ,7 0 Part ll Certification Undor p€naldea ot periury, I cadi.ry that: 1 . The humbe, shown on l}{s iorm is my conect bxpayer ld€ntllioadon number (or I am wahing for a nlmbor to be Iss{.rod to mo); and 2. I am not sJbjecl to backup withholding bocaus6: (a) I am 6x6mpt forlt backup withholding, or (b) I have nol b€€a notiliad by tha lnt6mal Fevonue Service (lRS) that I arn subiecl to bactup withholding as a result of a tailuro to report all lrnBrest or dividendg, or (c, the IRS has notifGd me th.t I ain no longer subi€ct to &ckup withholdlng; and 3. I am a U.S. citizen or oth6r U.S. porsoo (delin€d belo$,)l and 4. Tha FATCA code(s) ont6r6d on thi6lo.m 0f a.y) lndicating that I am oxehpt lroIn FATCA .eporting is conect. Cedificr{on lntbucltlons. You must cross out ll€m 2 above it you h.v€ b€3n notifi€d by tio IRS that you ar6 crrr6nlv 3ubi€.1 io beckup ei$houlnO becauss you haw lalled to r€port all lnter6t and dMdond8 on yo{rr tax Ftum. For roal oshte tBnaactions, itcm 2 doo6 not apply. For morlgago inbr€st paid, acqulsltlon or abofldonmeht of gecured prop6rty, cancellation ol dcbt, contdbutlorE lo an lndlvidual relk€msflt arrsng,emefir (lBA), and gsnora0y, payneflts other than inlor€st end divldends, you arc not required to sbn lh€ certilication, bul you must prcvido yolr correcl TlN. Seo the Instruclions tor Part ll, lat€r. Sign Here sign.t .€ of 1, v oare> I . Form lolrg.Dlv (divldends, lncludlng lhgso lrom stoc-l(g or .nutual General lnstructions lundsl Etction rsferences are to lha lnternal Rovenue Code unloss othorwisa . Form l@g-MISC (rarious types ot lncom6, p.izos, awardg, or grcss not€d. proce€ds) Fu&.e dGvoloplnonts. For tho H6st lnformation about dovolopmgnls . Forn 1 Og9€ (siock or mqfual fund sabs 8nd csbln olh6r .elaled to Fom W4 ard it5 iNtructiohs. such as legislatlon enacted bansactions by bt,k€rs) after th€y wer€ published , go lo www.irs.govlFormw. . Form 1 099€ hroceeds from rsal estate trsBactions) Purpose of Form . Form 1099-K (morcfEnt cad and third perty notwott(trdnsactons) An lndividual or entity (Form W"9 r6queste4 who ls required to fl€ an . Form '10116 (home nbrtlBge interest), l09E-E (rbder ban int rEst), lnlormalion retum with tho IBS must obtain your conec{ tarpayer 1098-T Gutuml ldentlficadon numb€r (nN) vrhlch may b€ your soclal secu ty numbe, . Form 1099€ (canc€lBd dsbl) (SSN), indlvidual taxpay€r id€ntmcatun numb€r (mq, adoptlon . Form 1099-A (acquisltion o. abandonmonl ot 8ecu6d prop€rty) taxpayer identilication number (ATIM. or eftployer idenlif,callon number (ElN), to rspon on an informadon rEtum lhe arnount paid io you. or olh6r Use Form W-g only if you ar6 a U.S. p€rson (rEludnq s rGldont arnount repodable on afl inlormauon .6itum. Examples of Informalion ali6o), to provtdo tol]r corgcl TlN. rEtuma lnclud€, b{rt arE not limit€d to, tha lollowlng. It W alo nol EWm Folt.tt W4 b tl:€ req)efur wilh a nN, yo! ,ntght . Form 1 099-lHT (nEresl €arned or paid) be wbjscl to beckrp wilhhold./n9. 5€6 What baclorp wlthhotdlng, Llllt, 's Cal. No.10231X FornW-9 Fsv. ro-201s) 178  ,-- AC()Rt)- CERTIFICATE OF LIABILITY INSURANCE 06BOnO25 THIS CERTIFICATE IS ISSUED AS A MATTER OF II{FORMANOX ONLYAND COt{FERS NO RIGHTS UPOI{ THE CERI1FICATE HOLDER THIS CERNFICATE DOES NOT AFFIRTUAIIVELY OR I{EGATTVELY AMEI{D, EXTEiID ORALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. TH|S CERTTFTCATE OF [{SURAi{CE DOES NOT COiiST|TUTE A CO'{TRACT BETWEEN THE TSSU|NG tt{SURERIS), AUTHORTZED REPRESETITATTVE OR PROOUCER, AI{O THE CERTIFIGATE HOLDER, lllPORTAt{T: ll tha certificato holder i! an ADDmOIAL ltlSUREO, the policy(le.) must h.vo AODITIOIAL II{SUREO provblonl o. bo ondo6od- tt SUBROGATIOiI lS WAIVEO, lubleE! to the tsnns rnd conditionE ot the pollcy, cerbin poltcler m.y rcqulrc .n ondo.lerr|cnt A statE'n€nt on lhis cedlficlte doo! not conter rightr to the cedficrte hold€r in lieu ofruEh ondolaofiionq!). Sarah Graolham Youngblood lns Agency 4053 Jefferson Ave. sarah@youngbloodins-com INSURERISI AFFOEDING COVERAGE Texa*ena AR 71854 trslriR^. Acuity. A Mufual lnst/rance Company 14184 txsuRER B . Upland Specially lnsurarice Company Junk ll LLC 12 Shackletord Ridge Road Little Rock, AR 72204 COVERAGES cERnFtcATE UttBER: c12543071860 REVtStOit IUitBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW }IAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICAIED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT VTTTH RESPECT 10 V*{ICH THIS CERTIFICATE MAY 8E ISSUEOOR MAY PERTAIN, THE INSURANC€ AFFOROED BYTHE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANO CONDITIONS OF SUCH POLICIES, LIMITS SHOVTN MAY HAVE EEEN REOUCED AY PAID CLAIMS, ll'rSD COI\I 'TI ERCIAI CENERAL LIAAIIIY EACH OCCURRENCE i 1.00o,00o 3 250,000 ^E E cL^rMs-r @cuR PflE!rlsEs lE. @nsel MED anP ony @ pEMn) r 10.000 228109 04t30t2025 04t3012026 P'RSONAL A ADV ]NJ L] RY 61,000,000 GEN'LAG6REGATE LIMIT APPUES PER GENERALAGGREGATE 5 3,000,000 POUCY JECT r-oc PRODUC]'S. COMP/OPAGG 5 3,000,000 5 OTHER, AU TOIitOBILE LIABIUTY s 1.000.000 EOOIIY INJURY (Por Fa$.) 3 o!! Eo SCHEDULEO ua109 o4t30t2025 04t3012026 AOD,LY INJURY (F!r e,(,en! trxl HIREO AIJTOS ONLY 1S AUTOSONLY s s UTERELLA IIAB x @clJR EACHOCCURRENCE 31,000,000 x EXCESS LIAB 2281A9 04t30t2025 04t30t2026 51.000.000 I RETENTION S u,oirEis conPEl\lsATlg{ oTu, XI STATU'TE I ER AI{D EXPLOYEFS LIABIUIY ANY PROPRIETOR/PAR'INER/EXECUTIVE zza112 0/'t3012025 04130t2426 E L EACHACCIDENT s 1,000,000 OFFICER/ ET'AER EXCLUOEO? EL OISEASE , EA EMPLOYEE s 1,000,000 I DESCRIPTION OF OPERATIONS b.l* EL OISE]ASE . POUCY LIMIT 51,000,000 Eaci Ocannence 1.000,000 Ercess L,ability B 14098107-A 06/30/2025 04t30t2026 ASSTeSaG 1.000,000 ) OESCRIPTION OF OPERAnO S, LOCAIIoiIS, VEtllctls (ACORD l0l, Addruon.i R6sb S.tEduL, h., !. dr.h.dll md.F.6lt Equi@rl Excess Policy (14098107-A) with Upland Specialty ,nsurence Company only applies to lhe following trucks: 2024 lntemational Tri-Axel HV620 Roll Off 30 3HTPCAPTERN5€9938 2025 Kenworth T480 Aero Roll ofi 30 2N K5UOXTSM 1 72773 H LOER CAN SHOULO AIIY OF THE ABOVE OESCRIBEO P,OLICIES BE CANCELLED BEFORE THE EXPIRATION DAIE THEREOE OTICE YVILL BE DEWEREO IX ACCORDAI{CE Y,ITH THE POLICY PROVISIOITS. City ot Fort Smith Solid l 6ste Services 5900 Comrlerce Rd AUIfi ORIZEO R€PRESEI{'IAIIVE Fod Smith AR 72916 @ 1988-ml5 ACORO CORPORAIOI. All ,lghL rs.erved. ACORD 25 (20r6/03) Tho ACORO n.me .nd logo ..e rEgkt led rrrtth. ot ACORO 179 CITY OF FORT SMITH, ARKANSAS BUSINESS REGISTRATION OFFICE OF DEVETOPMENT SERVICES 623 Garrison Avenue, Fort Smith, AR 72901 1479) 784-2216 | planning@fortsmithar.gov Businers Name: JUNK.IT, LLC Business Type(sl: 484230 Waste hauling, nonhazardout OBA: JUNK-lT LLC long-distance Business Location: 12 SHACKLEFORD RIDGE RD Mailing Address: 12 SHAC(LEFORD RIDGE RD ufiLE ROCK AR 72204 TITTLE ROCK, AR 72204 Owner: CHARLES FISER License Numberi oo77so-2025 Iicense Type: Conractor's Office lssued Date: 3l2tl202s Classification: Occupational Business Erpiration Date: 3l2L/2026 So.oo (1) Business Registrations are non-transferrable and must be posted in a conspicuous place in the licensed business location. To keep this retistration valid as issues, it is your responsibility to keep it current. (2) This license does not authorize a business to operate in conflict with the laws ofthe City of Fort Smith (inclusive of zoning regulations) or the State of Arkansas. (3) A change in business location, classifications, or ownership will necessitate a new license application process. TO BE POSTED IN A CONSPICUOUS PI.ACE 180  r Sebastian Countv L Solid Waste Distri6t 2025 ANNUAL WASTE HAU LER LICENSE APPLICATION l.'oR oFl-rcE Lsf oNLY PER\{IT # vEHICLf,, I:iSPECTION .{PPROVAL: DATf iUonth Day Year Applications nrust be returned to: C23 Rogers Avenue, Suite 102, I'ort Smith, AR 72901 FOR COMPLE'I'ION BY APPLICANT *** eNf, FORI\I p VEHICLE *"* l. APPLICANT INFORMATION Local Company Name: {*ur- if vl, L Local Facility Addross: ,, 4Yutrt*r-€t199 ?)vefi W. Ciry , t;dV W stete; re- zip codet 17'zoLl Locat contact P"r"on,-JS!-&l8S!- Local Phone Numbec El|1o1'8$o$ Busaness Name: (il difierent lhan Local Company Name) Business Mailing Address: 1L 4wLlr'€€a W ?-t?ho?A. City: vrrl6 !-6w-- State ,i p Code .11't o+ Business Contact Person: Jorrs Su,ofrxl phon€. Eo[.-101.(606 cERTIFICATION oF collPLETIoN (must be signod by comPany Prosident o. equivalent): I co fy th.t the information provided withln all pag€3 ot thit appllcation ia true and complele and that I hava road and understand th€ Waste Haulor r.qulrements. Printed Namc: cwratw hqqz-- , ot si Tille: 181  For every vehicle you have, you must complste this page and submit with your application. (ie, 3 vehicles, 3 vehicle inlormation pages) ll. VEHICLE INFORMATION: Name of Vehicle owner, Jv.rlV' tT , WC Company's Vohicle Number: 14 Yeac U1'* Make lrrrar+,rrnirutr- ilodel: Tfil.lDwvr +N to'2-O I icans€ ptate f: C ll +Zbg GVW: > Zb,ooo Number o, Axles: wr^^ Itlanufacturos Vehiclo tD # (VtN): 4l1F7c79tnut6b1qu, III. TYPE OF WASTE COLLECTED: Type of Waste: Residontl.l Commercial lndustrial Vehicle Capacity: 4o lo Cubic Yards Tons IV. FINANCIALRESPONSIBILITY: lnsuranceCarrier ??-o qo€r+a{F- lnsurance Policy #: ore-1618b-7 Contractorrvehicle Llablllty Coverage Amount: g L *iv Note: Contractodvrhicla Liablllty lnruranco minlmum covorage ls i75t@O ,s rsquirod by Arl€ns8s st te Lew (AcA 0 27-19605 of 1999) *** ************** PERMTTTED HAULERS W|TH MORE THAN TWO (2) VEHICLES MUST ATTACH A CERTIFICATE OF INSURANCE with the "SEBASTIAN COANTY REGI0NAL SOLID WASTE MANAGEMENT DISTRICT' IDENTIFIED AS THE "CERTIFICATE HOLDER" ****rr*****:k****** 182  page and submit with For every vehicle you have, you must complete this i"ri aprif ic"ri"n. (ie, 3 vehicles, 3 vehicle information pages) il. VEHICLE INFORMATION: Name of Vehicle Orrner: J r-rntp. u-c Company's Vehicle Number: a) Year: Lo'1.+ Make: IN t6?.*t,frTi 0 Ntn- noaett fiP)-NL{ Licome Plrto *: Pb?l*lp ?-v ooo Numbor ot Arles; 'l?i' N)E GVW: Manufactures Vehicle lD # (VlN): 1+t'(7cr*T"1. PNSbnnTb 183  HAULERS PERMIT FEE ASSESSMENT CALCULATION WORKSHEET DATE: 3 2-l ?-6 Mollth Oay Yoat Local Businsss Name: axlt/-.tf LL-o Local Facility Address: O 4+rxo@o9P 7; E PD. City: ufnE %o-LA- St ts: # Zip Codo 1z7n+ Local Contacl Porson: Jo $N 6u+.-rlu r.l Local Phono Numbar: @l '1o1 ' OOoe) Total number of vehiclos belng assesaed: L FEE ASSESSMENT: 1. Up to tirst two (2) vehicles = t100.OO $ 1(x,.00 Numbor ot addition t vohlclos _ X l5O.0O (Not !o orcaed 1E) 3 l{umbor ol addltional vohictos excGoding i E _ 4. Subtotal (rdd tin* I and 2) I lo-o 5 lf n.w hauler mult lpty ttne I q .15 15 (ontor amounl trom Prorallon Che.t bGlowf 6 Subtot3l (snto? line 4 or 5 whlchevor ls les6 unlass 0, then qnter highor yaluo) 116 7 Late penalty ' lf applicablo (mul pty llno 6 by 2.0) t- E. TOTAL (Enter line 6 or 7 whichover is g.e.ter) r_15_ lDrorrtioo Ch.rt. lf.rarr hrulcr. eotrt tpproprlrtc ruflh(r otcorrrsponding month ou lloc l. Jrouarl - l.ll. l'cbrurrt - 0.&!. ltrrch - 0.?S. Apr - 0.67. !fuy - o.it. J um - 0.S, J ul) - 0.,12, AuEurl - 0J3. S.plclllbcr - 11.25, ()rtober - 0.2S, Norembcr - 0,!S. Dccembcr - 0.!5 184 N ._a 64 I I r TtI / f, ,l t/ frs ffi 0007 34 l] tul tlt EBS P E- --- 185