2023-12-12-AGENDA - Laserfiche WebLink

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ORDINANCE NO: AN ORDINANCE DESIGNATING CITY OWNED CEMETERIES AS CITY PARKS, AND FOR OTHER PURPOSES WHEREAS, that Oaklawn Cemetery and Pioneer Cemetery are operated and owned by the city of Batesville, Arkansas; WHEREAS, that these are cherished city memorials, with their intended use being to honor loved ones and remember our shared history; WHEREAS, littering, vandalism, criminal mischief, and other crimes have become an issue at said cemeteries; WHEREAS, ordinances have already been established regarding the use of city parks which would help preserve these cemeteries' intended purposes; and WHEREAS, that the Council has therefore determined that City owned property along Polk Bayou should be designated as a City Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: That Oaklawn Cemetery and Pioneer Cemetery owned property contiguous to Polk (also known as "Poke") Bayou is hereby designated as a Batesville City Park and subject to all Batesville ordinances regulating City Parks. SECTION 2: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not affect the remaining portions of this ordinance. SECTION 4: EMERGENCY CLAUSE: That because littering, criminal mischief, vandalism, and criminal acts by certain individuals has been ongoing, the need for this act to be enforced is immediate. Therefore, it is further found that an emergency exists and this ordinance being necessary for the preservation of the public peace, health and safety shall take effect from and after its passage and approval. PASSED AND APPROVED this day of , 2023. Honorable Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk