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HomeMy WebLinkAbout947BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS i ORDINANCE NO. qIl BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: I is AUTHORIZATION OF AN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF INDEPENDENCE AND THE CITY OF BATESVILLE, ARKANSAS, FOR j' THE ESTABLISHMENT OF A JOINT INDUSTRIAL PARK 1. There has been established a Joint Industrial Park Committee to study and make plans for the establishment of an industrial park as a joint effort of the County of Independence i j, and the City of Batesville, Arkansas. 2. The Joint Industrial Park Committee, pursuant to i; authority granted to it, has performed studies and done work in furtherance of its objectives. j 3. The cooperation of the County of Independence and the i City of Batesville is necessary and desirable in reaching the !;objective of establishing a joint industrial park to provide for future industrial growth of Independence County and the City of Batesville. 4. That the City of Batesville should enter into an interlocal cooperation agreement with the County of Independence, Arkansas, for the purpose of cooperatively establishing an i industrial park. 5. That the period of the agreement shall be perpetual. j 6. That a non-profit corporation should be formed, its imembership composed solely of the two cooperating governmental !entities, i.e. the City of Batesville, Arkansas, and the County i !of Independence, and the complete authority for the operation I , of said corporation should be vested in a Board of Directors con- !sisting of six members; that two of the said members should be .appointed by the Quorum Court of Independence County, Arkansas, ithat two should be appointed by the Batesville City Council, and ;two should be appointed by the Batesville Area Chamber of Commerce !that the terms of office for each director should be five years 1, except that the initial Board of Directors should be made up of i! one member to serve for one year, one member to serve for 2 years, i{ (i ji I -NOW i i! one member to serve for three years, one member to serve for four I years, and two members to serve for five years; after the initial ij directors are appointed their terms shall be determined by drawing of lots, and the By -Laws shall provide that the filling of I '! vacancies that occur by expiration of terms shall be filled by appointees made by the parties in the following order: 1. County of Independence. i 2. City of Batesville. 3. Chamber of Commerce. 4. County of Independence. 5. City of Batesville. 6. Chamber of Commerce. Vacancies occurring by resignation of directors shall be filled by the party which nominated the resigning director. Board Members shall serve without pay. No Board Member shall use his position to secure special i privileges for himself, his spouse, child, parents or other person standing in the first degree of relationship, or for those with I I whom he has a substantial financial relationship, nor shall he disclose or use any confidential information which he may gain by reason of his position for actual or anticipated personal gain,) or for the actual or anticipated gain of any other person. 7. That the property of Independence County, Arkansas, ,'and the City of Batesville, Arkansas, should not be subject to ,,the payment of corporate debts to any extent whatsoever. 8. That the nature of the business of the corporation and ''the objects and purposes for which it is to be formed should be: 1 A. To receive funds from the City of Batesville, jl Arkansas, and the County of Independence and any other appropriate source and to use said funds to purchase or obtain by gift real property to be used as an industrial park suitable for the location thereon of industrial development and the creation of additional jobs in Batesville and Independence County, Arkansas. 2 - i' li j �I B. To develop and maintain said real property I to the fullest extent necessary in order to accomplish the expansion of industry in Batesville and i! i, Independence County, Arkansas. C. To apply for and obtain funds from any appropriate source in order to accomplish these goals. i' D. To establish reserves and to invest said I reserves or any other funds coming into said corporation in bonds, certificates of deposit, savings accounts or ii �j other industrial property as the board of directors may deem satisfactory. E. To have and to exercise all powers, privileges and rights conferred on corporations by the laws of the State of Arkansas and all powers and rights i incidental in carrying out the purposes for which this ii ii corporation is formed. i F. The foregoing shall be construed both as objects and powers and the enumeration thereof shall i' not be held to limit or restrict in any manner the general powers conferred on this corporation by the laws of the State of Arkansas, all of which are hereby expressly claimed. 9. That the name of the corporation should be Batesville - :;Independence County Industrial Development Corporation. Ji 10. That the manner of financing and establishing and 1!maintaining a budget therefor should be consistent with the 1, I (purposes and objectives set out in paragraph 5 herein. 11. That the corporation may only be terminated by majority) vote of the governing bodies of each of the governmental entities ii which are parties to this agreement, and then only upon recommen- ;dation of such termination by majority vote of the Board of Directors of such corporation; provided, however, the governmental !entities which are parties to this agreement may terminate the i ;corporation without recommendation of the Board of Directors upon a vote of three-fourths of the members of each governmental entity, - 3 - Lza 12. That the Board of Directors of the corporation shall make a complete report of its activities, including a complete (financial report, to the Quorum Court of Independence County and the City of Batesville, Arkansas, no less often than annually. 13. That upon the passing of an ordinance by the Quorum ;Court of Independence County, Arkansas, identical to this ordinanc( ,the interlocal agreement described herein shall be deemed to have been made and shall enter into force upon approval by the Attorney .General of the State of Arkansas, as provided by law, and upon ''filing with the Secretary of State and the Independence County !;Clerk of the said ordinances. n I DEC Em BEP, PASSED and APPROVED on this day ofi-, 1980. �I Peytonlden, Mayor ATTEST : Larry Williams, City Clerk I, 14. Emergency Clause. As the citizens of the City of Batesville, Arkansas, have spoken favorab ,`y' tllrouoC -.. t's' e passag o-€ r _y :sup 4C pr0'iC c further industri al a�-,d as P.°c;l i c - t :,As are ncll, �.�?? � �°:. 1. for sLic!'€ project, it is deemed morien tar i 03, urger" to rove for,,2ru - f:irri ed i ate lam' , n i fur tl,erar,ce of the 4?3 1 of tt'ie citizens as expedi ti olis i y as possible in a reC1ula4:ed Therefore, an ef,•,rgerc,, is her^dy d1F-_cla,,red to exist, and, ,his Crdi-a,ice be4nc necessary fir 1+r tr'rrr-diate nreserva`ior of ;`,e I ieaI e It and safety s^a i 6 -he in f,' 11 force and of f ect f'r''C:i an dl a -Ft er Is i passage and approval. Ir ti,avro v` — 4 —