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` 3 <br /> J <br /> RESOLUTION NO. 2014- -- <br /> �r CITY OF BATESVILLE, ARKANSAS <br /> A RESOLUTION OPPOSING THE PETITION FOR INCORPORATION <br /> FILED BY RESIDENTS OF THE AREA KNOWN AS SOU HSIDE <br /> WHEREAS, the City of Batesville, Arkansas, adopted Ordinance N . 2014-08-01 on <br /> August 25, 2014; <br /> WHEREAS, Ordinance No. 2014-08-01 submitted a question of arm exation of certain <br /> territory to voters during the upcoming general election on November 4, 2014; <br /> WHEREAS, residents of a portion of the territory contemplated in C rdinance No. 2014- <br /> 08-01 filed a Petition for Incorporation on September 22, 2014; and <br /> WHEREAS, a hearing on the Petition for Incorporation is scheduled to take place before <br /> the Independence County Judge Robert Griffin on October 24, 2014. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of thCity of Batesville, <br /> Arkansas: <br /> Section 1. That the Petition for Incorporation has not been filed for ihe purpose of <br /> creating the State's 5015`city,but rather solely to nullify election results with respect to the <br /> upcoming annexation question; <br /> Section 2. That a proposed city created pursuant to the Petition for ficorporation would <br /> be a legal fiction, in effect using the State's incorporation statutes to circumvent the requirements <br /> set forth in the State's annexation statutes. <br /> Section 3. The Petitioners admitted their intent not to create a genuine municipality by <br /> openly assuring residents that nothing will change, and the Petitioners tacitly agreed to allow <br /> Independence County to receive any state allocated funds payable to the new town in exchange <br />