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ORDINANCE NO. (SCJ(p--9-a <br /> AN ORDINANCE DETERMINING THAT THE COST OF <br /> ACQUIRING SHIELDED LIGHTING FIXTURES IS PROHIBITIVE <br /> WHEREAS, Act 1963 of 2005, as amended by Act 11 of 2006 (1"Ex. Sess), enacted the <br /> Shielded Outdoor Lighting Act, § 8-14-10 through 8-14-104 of the Arkansas Code Annotated <br /> (hereinafter, "the Act,") <br /> WHEREAS,the Act provides that public funds shall not be used to install an outdoor lighting <br /> fixture that is not shielded, and <br /> WHEREAS,the Act further provides that said prohibition shall not apply to any municipality or <br /> county if the governing body of the municipality or county determines by ordinance that the cost <br /> of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing (i)the cost of <br /> the fixtures and (ii)the projected energy cost of the operation of the fixtures; <br /> THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, <br /> ARKANSAS, <br /> SECTION 1. The city council finds that, in consideration that our annual cost is approximately <br /> (W $85,000 and the additional cost would probably be in the range of 25%to 301/o,this would <br /> perhaps take away funds from other needed programs of the city. <br /> SECTION 2. The city council hereby determines that the cost of acquiring shielded outdoor <br /> lighting fixtures will be cost prohibitive. <br /> SECTION 3. The City of Batesville hereby expressly intends to avail itself of the exemption <br /> from the requirements of the Act pertaining to the purchase of shielded outdoor lighting fixtures. <br /> SECTION 4. The City Council hereby finds that, unless thus ordinance goes into effect <br /> immediately, the City will be subject to prohibitive costs for shielded lighting fixtures to the <br /> detriment of the public welfare and that an emergency is hereby declared to exist such that this <br /> ordinance will take effect immediately upon passage. <br /> Passed this 126`day of September, 2006. <br /> oe M. Biard <br /> Mayor <br /> ATTEST: <br /> O,G vi <br /> Denise M. Johnston <br /> City Clerk <br />