HomeMy WebLinkAbout2010-06-01 •
ORDINANCE NO. 2010-6-1
AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL
ELECTION ON THE QUESTIONS OF (1) THE LEVY OF A TEMPORARY
LOCAL SALES AND USE TAX AT THE RATE OF ONE PERCENT (1.000%)
WITHIN THE CITY FOR THE PURPOSE OF PAYING BOND DEBT
SERVICE ASSOCIATED WITH THE COMMUNITY CENTER BONDS AND
PARKS BONDS DESCRIBED HEREIN, WHICH TAX SHALL CEASE UPON
RETIREMENT OF THE BONDS, (2) THE LEVY OF A PERMANENT LOCAL
SALES AND USE TAX AT THE RATE OF ONE-QUARTER OF ONE
PERCENT (0.250%) WITHIN THE CITY FOR THE PURPOSE OF PAYING
BOND DEBT SERVICE AND PAYING EXPENSES ASSOCIATED WITH
THE OPERATION, MAINTENANCE AND IMPROVEMENT OF THE
COMMUNITY CENTER FACILITIES AND PARKS FACILITIES FINANCED
BY THE BONDS AND EXISTING CITY PARKS, (3) THE ISSUANCE BY
THE CITY OF NOT TO EXCEED $26,050,000 OF CAPITAL IMPROVEMENT
BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND FURNISHING OF COMMUNITY
CENTER FACILITIES, AND (4) THE ISSUANCE BY THE CITY OF NOT TO
EXCEED $18,950,000 OF CAPITAL IMPROVEMENT BONDS FOR THE
• PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION,
EQUIPPING AND FURNISHING OF PARKS FACILITIES; LEVYING A
CITYWIDE LOCAL SALES AND USE TAX AT THE RATE OF ONE
PERCENT(1.000%) TO BE PLEDGED TO THE PAYMENT OF THE BONDS,
WHICH TAX SHALL CEASE UPON RETIREMENT OF THE BONDS;
LEVYING A CITYWIDE LOCAL SALES AND USE TAX AT THE RATE OF
ONE-QUARTER OF ONE PERCENT (0.250°/x) TO BE PLEDGED TO THE
PAYMENT OF THE BONDS AS NEEDED AND FOR THE PAYMENT OF
OPERATION, MAINTENANCE AND IMPROVEMENT EXPENSES AS
DESCRIBED HEREIN; PRESCRIBING OTHER MATTERS PERTAINING
THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Batesville, Arkansas (the "City") has
determined that there is a critical need for a source of revenue to finance the acquisition,
construction, equipping and furnishing of(i) City community center facilities and improvements
related thereto or in support thereof (the "Community Center Facilities") and (ii) City parks
facilities and improvements related thereto or in support thereof(the "Parks Facilities"), and the
expenses of operation, maintenance and improvement thereof-, and
WHEREAS, Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987
Annotated (the "1981 City Sales and Use Tax Act") and Title 26, Chapter 75, Subchapter 3 of
the Arkansas Code of 1987 Annotated (the "1975 City Sales and Use Tax Act") each authorize
• the levy of citywide sales and use taxes of up to one percent (1.000%) in increments of one-
eighth of one percent(0.125%); and
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• WHEREAS, pursuant to an initiated petition of the citizens of the City, there was
previously levied a one-eighth of one percent(0.125%) sales and use tax (the "Existing Tax") for
the purpose of repairing and replacing fire fighting vehicles and equipment and building and
furnishing a new fire station and repairing existing fire stations; and
WHEREAS, Amendment 62 to the Constitution of the State of Arkansas ("Amendment
62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 Annotated (the
"Local Government Bond Act") authorize the issuance of bonds by cities to finance capital
improvements such as the Community Center Facilities and the Parks Facilities, which bonds
may be secured by the pledge of the receipts of the citywide sales and use taxes prescribed by the
1981 City Sales and Use Tax Act and the 1975 City Sales and Use Tax Act; and
WHEREAS, the City Council of the City has additionally determined that the
completion of the Community Center Facilities and the Park Facilities will require an additional
source of revenue to operate, maintain and improve said facilities and existing parks facilities;
and
WHEREAS, the American Recovery and Reinvestment Act of 2009 ("ARRA")
authorizes the issuance of various new types of indebtedness by local governmental entities on or
before December 31, 2010, including obligations commonly known as Build America Bonds, the
interest component of which is subsidized by payments from the U.S. Treasury; and
• WHEREAS, it has been determined that the use of Build America Bonds for the purpose
of financing the Community Center Facilities and the Parks Facilities would be economically
advantageous to the City and would help further the purposes of ARRA by stimulating the
economy of the City; and
WHEREAS, if approved by the electors of the City, a temporary one percent (1.000%)
citywide sales and use tax will be levied under the authority of the 1975 City Sales and Use Tax
Act (the "1.000% Sales and Use Tax"), all of the net receipts of which will be utilized by the
City for the payment of debt service on the Community Center Bonds and Parks Bonds (defined
below), such 1.000% Sales and Use Tax to terminate upon retirement of the Bonds; and
WHEREAS, if approved by the electors of the City, a permanent one-quarter of one
percent (0.250%) citywide sales and use tax will be levied under the authority of the 1981 City
Sales and Use Tax Act(the "0.250% Sales and Use Tax"), all of the net receipts of which will be
utilized by the City for the payment of debt service on the Community Center Bonds and Parks
Bonds (defined below) and for payment of expenses associated with the operation, maintenance
and improvement of the proposed Community Center Facilities and Parks Facilities and existing
City parks; and
WHEREAS, if approved by the electors of the City, the City has determined to issue (i)
its capital improvement bonds in principal amount not to exceed $26,050,000 for the purpose of
financing the acquisition, construction, equipping and furnishing of the Community Center
• Facilities (the "Community Center Bonds") and (ii) its capital improvement bonds in principal
amount not to exceed $18,950,000 for the purpose of financing the acquisition, construction,
equipping and furnishing of the Parks Facilities (the "Parks Bonds"), which Community Center
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• Bonds and Parks Bonds are to be secured by a pledge of and lien upon all of the receipts of the
1.000% Sales and Use Tax and the 0.250% Sales and Use Tax, all as authorized by Amendment
62, the Local Government Bond Act, the 1981 City Sales and Use Tax Act, and the 1975 City
Sales and Use Tax Act; and
WHEREAS, the purpose of this Ordinance is to call a special election on the issuance of
the Community Center Bonds and Parks Bonds by the City and the levy of the 1.000% Sales and
Use Tax and the 0.250% Sales and Use Tax, and for related purposes;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Batesville,Arkansas:
Section 1. That under the authority of the 1975 City Sales and Use Tax Act, and
subject to approval by the electors of the City of all four Questions set forth in Section 7 below,
there is hereby levied (i) a sales tax at the rate of one percent(1.000%) on the gross receipts from
the sale at retail within the City of all items and services which are subject to taxation under the
Arkansas Gross Receipts Act of 1941, as amended (Arkansas Code of 1987 Annotated §26-52-
101 et seq.), and(ii) an excise (or use) tax at the rate of one percent(1.000%) on the storage, use,
distribution or other consumption within the City of tangible personal property or taxable
services subject to taxation under the Arkansas Compensating Tax Act of 1949, as amended
(Arkansas Code of 1987 Annotated §26-53-101 et seq.), on the sale price of the property or, in
• the case of leases or rentals, on the lease or rental price (collectively, the "1.000% Sales and Use
Tax"). The 1.000% Sales and Use Tax shall be levied, and the net collections received after
deduction of the administrative charges of the State of Arkansas and required rebates shall be
utilized only for the payment of debt service on the Community Center Bonds and Parks Bonds.
The 1.000% Sales and Use Tax shall be levied and collected on the gross receipts, gross proceeds
or sales price in the maximum amount allowed from time to time under Arkansas law, subject to
rebates and limitations as required for certain "single transactions" as from time to time required
by Arkansas statutes. The levy and collection of the 1.000% Sales and Use Tax shall commence
on and as of such date as provided in the 1975 City Sales and Use Tax Act and shall cease upon
retirement in full of all of the Community Center Bonds and Parks Bonds.
Section 2. That under the authority of the 1981 City Sales and Use Tax Act, and
subject to approval by the electors of the City of all four Questions set forth in Section 7 below,
there is hereby levied (i) a sales tax at the rate of one-quarter of one percent (0.250%) on the
gross receipts from the sale at retail within the City of all items and services which are subject to
taxation under the Arkansas Gross Receipts Act of 1941, as amended (Arkansas Code of 1987
Annotated §26-52-101 et seq.), and (ii) an excise (or use) tax at the rate of one-quarter of one
percent (0.250%) on the storage, use, distribution or other consumption within the City of
tangible personal property or taxable services subject to taxation under the Arkansas
Compensating Tax Act of 1949, as amended (Arkansas Code of 1987 Annotated §26-53-101 et
seq.), on the sale price of the property or, in the case of leases or rentals, on the lease or rental
price (collectively, the "0.250% Sales and Use Tax"). The 0.250% Sales and Use Tax shall be
levied, and the net collections received after deduction of the administrative charges of the State
• of Arkansas and required rebates shall be utilized for the payment of debt service on the
Community Center Bonds and Parks Bonds, to the extent needed after application of the net
collections of the 1.000% Sales and Use Tax, and shall thereafter be distributed only to the City
4821-8069-1718.2 3
• and utilized solely for the payment of expenses associated with the operation, maintenance and
improvement of the Community Center Facilities, the Parks Facilities and existing City parks.
The 0.250% Sales and Use Tax shall be levied and collected on the gross receipts, gross proceeds
or sales price in the maximum amount allowed from time to time under Arkansas law, subject to
rebates and limitations as required for certain "single transactions" as from time to time required
by Arkansas statutes. The levy and collection of the 0.250% Sales and Use Tax shall commence
on and as of such date as provided in the 1981 City Sales and Use Tax Act.
Section 3. That under the authority of Amendment 62, the Local Government Bond
Act and 12 U.S.C. §1831u(f) (as amended by §503 of H.R. 2346 and §553 of H.R. 2892), and
subject to approval by the electors of the City of all four Questions set forth in Section 7 below,
there is hereby authorized the issuance of the City's capital improvement bonds in the aggregate
principal amount of not to exceed $26,050,000 (the "Community Center Bonds") for the purpose
of financing all or a portion of the costs of acquisition, construction, equipping and furnishing of
the Community Center Facilities. If approved by the electors of the City and issued, the
Community Center Bonds shall be secured by a pledge of and a lien upon all of the receipts of
the 1.000% Sales and Use Tax and all of the receipts of the 0.250% Sales and Use Tax, as
authorized by the Local Government Bond Act.
Section 4. That under the authority of Amendment 62, the Local Government Bond
Act and 12 U.S.C. §1831u(f) (as amended by §503 of H.R. 2346 and §553 of H.R. 2892), and
• subject to approval by the electors of the City of all four Questions set forth in Section 7 below,
there is hereby authorized the issuance of the City's capital improvement bonds in the aggregate
principal amount of not to exceed $18,950,000 (the "Parks Bonds") for the purpose of financing
all or a portion of the costs of acquisition, construction, equipping and furnishing of the Parks
Facilities. If approved by the electors of the City and issued, the Parks Bonds shall be secured by
a pledge of and a lien upon all of the receipts of the 1.000% Sales and Use Tax and all of the
receipts of the 0.250% Sales and Use Tax, as authorized by the Local Government Bond Act.
Section 5. That if the issuance of both the Community Center Bonds and the Parks
Bonds is approved by the electors of the City, such Community Center Bonds and Parks Bonds
may thereafter be issued in one or more series from time to time in an aggregate principal
amount not to exceed the respective principal amounts approved by the City's electors.
Section 6. That there be, and there is hereby called, a special election to be held on
Tuesday, August 10, 2010, at which election there shall be submitted to the electors of the City
the questions of the levy of the 1.000% Sales and Use Tax, the levy of the 0.250% Sales and Use
Tax, the issuance of the Community Center Bonds, and the issuance of the Parks Bonds.
Section 7. That the questions shall be placed on the ballot for the special election in
substantially the following forms:
•
4821-8069-1718.2 4
• SPECIAL ELECTION ON
CITY SALES AND USE TAX LEVIES
AND BOND ISSUANCE
If approved in Question One below, there will be levied a one percent (1.000%) citywide
sales and use tax (the "1.000% Sales and Use Tax"), the net collections of which remaining after
the State of Arkansas deducts its administrative charges and after required rebates will be utilized
solely for the payment of debt service on the Community Center Bonds (defined in Question
Three below) and the Parks Bonds (defined in Question Four below). The levy and collection of
the 1.000% Sales and Use Tax shall commence on and as of such date as provided by Arkansas
law and shall cease upon retirement in full of the Bonds. If approved in Question Two below,
there will be levied a one-quarter of one percent (0.250%) citywide sales and use tax (the
"0.250% Sales and Use Tax"), the net collections of which remaining after the State of Arkansas
deducts its administrative charges and after required rebates will be utilized for the payment of
debt service on the Community Center Bonds and Parks Bonds, to the extent needed after
application of the net collections of the 1.000% Sales and Use Tax, and shall thereafter be
distributed to the City and utilized solely for the payment of expenses associated with the
operation, maintenance and improvement of existing City parks and the proposed Community
Center Facilities and Park Facilities to be financed with proceeds of the Community Center
Bonds and Parks Bonds. The levy and collection of the 0.250% Sales and Use Tax shall
commence on and as of such date as provided by Arkansas law. Unless all four questions for the
• purposes described below are approved, neither the 1.000% Sales and Use Tax nor the 0.250%
Sales and Use Tax will be levied, and the Community Center Bonds and the Parks Bonds will not
be issued.
Question One (1.000% Temporary Sales and Use Tax):
There is submitted to the qualified electors of the City of Batesville, Arkansas, the
question of the levy of a one percent (1.000%) citywide sales and use tax under
Title 26, Chapter 75, Subchapter 3 of the Arkansas Code of 1987 Annotated (the
"1.000% Sales and Use Tax"), the net collections of which will be utilized solely
for the payment of debt service on the Community Center Bonds (defined in
Question Three below) and the Parks Bonds (defined in Question Four below).
The levy and collection of the 1.000% Sales and Use Tax shall commence on and
as of such date as provided by Arkansas law and shall cease upon retirement in
full of the Community Center Bonds and the Parks Bonds.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the adoption of a one percent (1.000%) Sales and Use Tax within the City of
Batesville, Arkansas, the net collections of such tax to be used only for the
purposes described above, and such tax to expire upon retirement in full of the
Community Center Bonds and Parks Bonds described in Questions Three and
• Four below..................................................................................0
4821-8069-1718.2 5
• AGAINST the adoption of a one percent (1.000%) Sales and Use Tax within the
City of Batesville, Arkansas, the net collections of such tax to be used only for the
purposes described above, and such tax to expire upon retirement in full of the
Community Center Bonds and Parks Bonds described in Questions Three and
Fourbelow..................................................................................❑
Question Two (0.250% Permanent Sales and Use Tax):
There is submitted to the qualified electors of the City of Batesville, Arkansas, the
question of the levy of a one-quarter of one percent (0.250%) citywide sales and
use tax under Title 26, Chapter 75, Subchapter 2 of the Arkansas Code of 1987
Annotated (the "0.250% Sales and Use Tax"), the net collections of which will be
utilized for the payment of debt service on the Community Center Bonds (defined
in Question Three below) and the Parks Bonds (defined in Question Four below),
to the extent needed after application of the net collections of the 1.000% Sales
and Use Tax (defined in Question One above), and shall thereafter be distributed
only to the City and shall be utilized solely for the payment of expenses
associated with the operation, maintenance and improvement of existing City
parks and the proposed City community center and parks facilities and
improvements related thereto or in support thereof to be financed with proceeds of
the Community Center Bonds and Parks Bonds. The levy and collection of the
• 0.250% Sales and Use Tax shall commence on and as of such date as provided by
Arkansas law.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the adoption of a one-quarter of one percent (0.250%) Sales and Use Tax
within the City of Batesville, Arkansas, the net collections of such tax to be
distributed to the City and used for the purposes described above ..................❑
AGAINST the adoption of a one-quarter of one percent (0.250%) Sales and Use
Tax within the City of Batesville, Arkansas, the net collections of such tax to be
distributed to the City and used for the purposes described above...................❑
Question Three (Community Center Bonds):
There is submitted to the qualified electors of the City of Batesville, Arkansas, the
question of the issuance of capital improvement bonds in principal amount not to
exceed $26,050,000 and bearing interest at rates not to exceed 7.90% (the
"Community Center Bonds") pursuant to Title 14, Chapter 164, Subchapter 3 of
the Arkansas Code of 1987 Annotated (the "Local Government Bond Act") for
the purpose of financing all or a portion of the costs of the acquisition,
construction, equipping and furnishing of City community center facilities and
• improvements, which may include meeting/convention space, basketball courts,
indoor competition swimming facilities, therapy pool, indoor walking track,
senior citizens area, theatre/auditorium style lecture center, other similar
4821-8069-1718.2 6
• amenities, and any necessary utility, road and parking improvements related
thereto. If the issuance of the Community Center Bonds is approved, the
Community Center Bonds shall be secured by a pledge of and lien upon all of the
receipts of the 1.000% Sales and Use Tax described in Question One above and
all of the receipts of the 0.250% Sales and Use Tax described in Question Two
above.
Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
FOR the issuance of Community Center Bonds in principal amount not to exceed
$26,050,000 and bearing interest at rates not to exceed 7.90% for the purpose of
financing all or a portion of the costs of the acquisition, construction, equipping
and furnishing of City community center facilities and improvements, which may
include meeting/convention space, basketball courts, indoor competition
swimming facilities, therapy pool, indoor walking track, senior citizens area,
theatre/auditorium style lecture center, other similar amenities, and any necessary
utility, road and parking improvements related thereto ...............................❑
AGAINST the issuance of Community Center Bonds in principal amount not to
exceed $26,050,000 and bearing interest at rates not to exceed 7.90% for the
purpose of financing all or a portion of the costs of the acquisition, construction,
• equipping and furnishing of City community center facilities and improvements,
which may include meeting/convention space, basketball courts, indoor
competition swimming facilities, therapy pool, indoor walking track, senior
citizens area, theatre/auditorium style lecture center, other similar amenities, and
any necessary utility,road and parking improvements related thereto..............El
Question Four (Parks Bonds):
There is submitted to the qualified electors of the City of Batesville, Arkansas, the
question of the issuance of capital improvement bonds in principal amount not to
exceed $18,950,000 and bearing interest at rates not to exceed 7.90% (the "Parks
Bonds") pursuant to Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of
1987 Annotated (the "Local Government Bond Act") for the purpose of financing
all or a portion of the costs of the acquisition, construction, equipping and
furnishing of City parks facilities and improvements, which may include a skate
board park, an outdoor water and splash park, and a consolidated recreation
facility consisting of baseball, softball and soccer playing and practice fields, and
any necessary utility, road and parking improvements related thereto. If the
issuance of the Parks Bonds is approved, the Parks Bonds shall be secured by a
pledge of and lien upon all of the receipts of the 1.000% Sales and Use Tax
described in Question One above and all of the receipts of the 0.250% Sales and
Use Tax described in Question Two above.
• Vote on the question by placing an "X" in one of the squares following the
question, either for or against:
4821-8069-1718.2 7
• FOR the issuance of Parks Bonds in principal amount not to exceed $18,950,000
and bearing interest at rates not to exceed 7.90% for the purpose of financing all
or a portion of the costs of the acquisition, construction, equipping and furnishing
of City parks facilities and improvements, which may include a skate board park,
an outdoor water and splash park, and a consolidated recreation facility consisting
of baseball, softball and soccer playing and practice fields, and any necessary
utility, road and parking improvements related thereto .................................❑
AGAINST the issuance of Parks Bonds in principal amount not to exceed
$18,950,000 and bearing interest at rates not to exceed 7.90% for the purpose of
financing all or a portion of the costs of the acquisition, construction, equipping
and furnishing of City parks facilities and improvements, which may include a
skate board park, an outdoor water and splash park, and a consolidated recreation
facility consisting of baseball, softball and soccer playing and practice fields, and
any necessary utility, road and parking improvements related thereto..............El
Section 8. That the election shall be held and conducted and the vote canvassed and the
results declared under the law and in the manner now provided for Arkansas municipal elections
unless otherwise provided in the Local Government Bond Act, the 1981 City Sales and Use Tax
Act and the 1975 City Sales and Use Tax Act, and only qualified voters of the City shall have the
right to vote at the election. The City Clerk is hereby directed to give notice of the special
• election by one advertisement in a newspaper of general circulation within the City, the
publication to be not less than ten(10) days prior to the date of the election.
Section 9. That a copy of this Ordinance shall be given to the Arkansas Secretary of
State and the Independence County Board of Election Commissioners so that the necessary
election officials and supplies may be provided. A certified copy of this Ordinance shall also be
provided to the Director of the Department of Finance and Administration of the State of
Arkansas as soon as practical.
Section 10. That the results of the special election shall be proclaimed by the Mayor,
and his proclamation shall be published one time in a newspaper of general circulation within the
City. The proclamation shall advise that the results as proclaimed shall be conclusive unless
attacked in the Circuit Court of Independence County within thirty (30) days after the date of
publication of the proclamation.
Section 11. That the Mayor and the City Clerk, for and on behalf of the City, be, and
they hereby are authorized and directed to do any and all things necessary to call and hold the
special election as herein provided and, if the issuance of both the Community Center Bonds and
the Parks Bonds are approved by the electors, and the levies of the 1.000% Sales and Use Tax
and the 0.250% Sales and Use Tax are approved by the electors, to cause the 1.000% Sales and
Use Tax and the 0.250% Sales and Use Tax to be collected in accordance with the Local
Government Bond Act, the 1981 City Sales and Use Tax Act and the 1975 City Sales and Use
Tax Act, and to perform all acts of whatever nature necessary to carry out the authority conferred
• by this Ordinance.
4821-8069-1718.2 8
• Section 12. That the City considers this Ordinance to be its declaration of official intent
to issue the Community Center Bonds and the Parks Bonds and to make reimbursement with a
portion of the proceeds thereof for all original expenditures incurred in the acquisition,
construction, equipping and furnishing of the Community Center Facilities and the Parks
Facilities between the date that is sixty (60) days prior to the date of this Ordinance and the date
a series of Bonds is issued for such purposes, plus a de minimis amount and preliminary
expenditures, as such terms are defined in Section 1.150-2(f) of the Federal Income Tax
Regulations.
Section 13. That Kutak Rock LLP is hereby engaged as Bond Counsel and Crews &
Associates, Inc. is hereby engaged as Underwriter with respect to the issuance of the Community
Center Bonds and the Parks Bonds. The fees and expenses of Bond Counsel and the Underwriter
shall be a cost of issuance of the Bonds to be paid with Bond proceeds.
Section 14. That because the authority for the Prior Tax was not designated in the
petition referring the Prior Tax to the electors of the City, the City now hereby designates such
authority as the 1981 Sales and Use Tax Act.
Section 15. That the provisions of this Ordinance are hereby declared to be separable
and if any provision shall for any reason be held illegal or invalid, such holding shall not affect
the validity of the remainder of this Ordinance.
• Section 16. That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 17. That it is hereby ascertained and declared that there is a critical need for a
continuing source of revenue to finance the Community Center Facilities and the Parks Facilities
and the operation, maintenance and improvement thereof, all in order to promote and protect the
health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an
emergency exists and this Ordinance being necessary for the immediate preservation of public
peace, health and safety shall be in force and effect immediately from and after its passage.
PASSED AND APPROVED this 8th day of June, 2010.
APPROVED:
By:
Mayor
ATTEST:
By: 0, � 4Y\ 41'I'
• City Clerk
(S E A L)
4821-8069-1718.2 9
• CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing is
a true and perfect copy of an Ordinance adopted at a regular meeting of the City Council of the
City of Batesville,Arkansas, held at 5:30 p.m. on June 8, 2010.
DATED: June 8, 2010
1.J.Ii vuJ -
City Clerk
4821-8069-1718.2 10