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1 2� ORDINANCE NO. 2004-4-1 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, COUNTY OF INDEPENDENCE, STATE OF ARKANSAS;AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ESTABLISHING "THE BATESVILLE RECREATIONAL FACILITIES BOARD" A PUBLIC FACILITIES BOARD EMPOWERED TO ACT PURSUANT TO THE PROVISIONS OF ACT 14 2 OF 1975 OF THE ACTS OF ARKANSAS, AND PRESCRIBING OTHER MATTERS RELATING THERETO,AND DESCRIBING AN EMERGENCY WHEREAS, Batesville,Arkansas(the"municipality") pursuant to the provisions of Act 142 of the Acts of the General Assembly of the State of Arkansas for the year 1975, as amended(the"Act"), is authorized to establish public facilities boards for the purposes set forth in the Act which includes recreational and tourist facilities. WHEREAS, municipalities can be more responsive to the service needs of the people through the reorganization of government into departments, boards, and subordinate service districts which are consistent in their organization and assignment of duties, responsibilities, and authorities; and. WHEREAS,the citizenry and leadership of Batesville and Independence County have an expressed need for more, more convenient, better maintained, and more comprehensive recreational and tourist facilities within the county; and, WHEREAS municipalities may have cause to provide recreational and tourist facilities to abate this need; and, WHEREAS,the planning, construction, administration, and operation of such facilities would place an untenable burden upon the present resources of this municipalities' leadership, administration, and workforce, and, WHEREAS, a public facilities board may obtain funds on such terms and under such conditions that it will materially assist in obtaining financing under conditions more favorable than would otherwise be available. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE,ARKANSAS Section 1. Creation There is hereby created the Batesville Recreational Facilities Board, a public facilities board empowered to act pursuant to the provisions of Act 142 of 1975 of the Acts of Arkansas,with authority as hereinafter provided to accomplish,finance, contract and concerning and otherwise dispose of and deal with recreational and tourist facilities to be operated by the board. I Section 2. Members of the Board (a).1. The initial members of the board shall consist of five(5) persons who must be residents of Batesville and two(2)persons who must be residents of Independence County. 2. The Batesville Mayor will appoint the five initial members who must be residents of Batesville and the Independence County Judge will appoint the two initial members who must be residents of Independence County. 3. The Batesville City Council must confirm the initial members who must be residents of Batesville and the Independence County Quorum Court must confirm the two members who must be residents of Independence County. 4. The five initial members who must be residents of Batesville shall serve for terms of one(1),two (2),three(3),four(4)and five(5)years and may succeed themselves and the two initial members who must be residents of Independence County shall serve for two(2)and three(3)three year terms and may succeed themselves. 5. The Batesville Mayor may apportion the terms to initial members who must reside in Batesville at appointment, if he does not, one of the first official actions of the board will be to apportion the initial terms, either by agreement of the board, or by drawing lots.