HomeMy WebLinkAbout774ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE DEVELOPING AND
IMPROVING OF THE MUNICIPAL FLYING FIELD ('AIRPORT)
SERVING THE CITY OF BATESVILLE, ARKANSAS; AUTI3ORIZ-
ING THE ISSUANCE OF GENERAL OBLIGATION AIRPORT
IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING
A PORTION OF THE COST TO THE CITY OF ACCOMPLISH -
ING THE IMPROVEMENTS; LEVYING A TAX SUFFICIENT TO
PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Batesville, Arkansas ("City") is a city
of the first class; and
WHEREAS, by Ordinance No. 771 duly passed by the City Council
of the City and approved on the 10th day of April, 1969, there was submitted
to the qualified electors of the City the question of the issuance of $250,000
General Obligation Airport Improvement Bonds for the purpose of paying a
portion of the cost to the City (it is contemplated that a portion of the cost
of the proposed improvements will be paid from an agency of the United States
of America) of developing and improving the municipal flying field (Airport)
serving the City ("improvements"); and
WHEREAS, due notice of the election was given as required by law
and the election was duly held on the 20th day of May, 1969, at which election
the electors approved the issuance of bonds for said purpose; and
WHEREAS, the results of the election were announced by the Mayor
by a Proclamation published the 23rd day of May, 1969, in a newspaper of
bona fide circulation in the City; and
WHEREAS, Notice of the Public Sale of the bonds was duly advertised
for the time and in the manner required by law and the public sale was held on
the 26th day of August, 1969, at which sale the best bid was that of Simmons
First National Bank of Pine Bluff, Pine Bluff, Arkansas ("purchaser"), which
bid was as follows: Par and accrued interest for bonds bearing interest at the
rate of 5.92% per annum, and the bonds were sold to the purchaser for that
price; and
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Page 2
WHEREAS, pursuant to the provisions of the Notice of Sale, the
purchaser has elected to convert the bonds from $250,000 in principal amount
bearing interest at 5 .92% per annum to an issue of $259, 830 in principal
amount bearing interest at 5-1/4%, 5-1/2% and 5-3/47o per annum, herein-
after described in detail, which conversion has been examined by the City
Council and found to be in compliance with the provisions of the Notice of
Sale;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Batesville, Arkansas:
Section 1. That the improvements be accomplished.
Section 2. That the sale of the bonds at the above-described price
to Simmons First National Bank of Pine Bluff, Pine Bluff, Arkansas, and the
conversion of the bonds set forth above be, and the same are hereby,
approved and confirmed.
Section 3. That under the authority of the Constitution and laws of
the State of Arkansas, including particularly Amendment No. 13 to the Con-
stitution of the State of Arkansas, City of Batesville, Arkansas, General
Obligation Airport Improvement Bonds ("bonds") are hereby authorized and
ordered issued in the total principal amount of $259, 830 for the purpose of
paying a portion of the cost to the City of developing and improving the
municipal flying field (Airport), including necessary expenses incidental
thereto and to the issuance of the bonds. The bonds shall be dated July 1,
1969, and shall be in the denomination of $1,000 each, except Bond No. 6
which shall be in the denomination of $830. The bonds shall be numbered
consecutively from 1 to 260, inclusive, and shall bear interest as follows:
Bonds Nos. 1 to 60, inclusive, being the bondsmaturing in the years 1972
to 1981, inclusive, shall bear interest at the rate of 5-1/4% per annum;
Bonds Nos. 61 to 90, inclusive, being the bonds maturing in the years 1982
to 1985, inclusive, shall bear interest at the rate of 5-1./2% per- annum;
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Bonds Nos. 91 to 227, inclusive, being the bonds maturing in the years 1986
to 1997, inclusive, shall bear interest at the rate of 5-3/4% per annum; and
Bonds Nos. 228 to 260, inclusive, being the bonds maturing in the years
1998 and 1999, shall bear in at the rate of 5-1/4% per annum. Interest
shall be payable semiannually on January 1 and July 1 of each year, com-
mencing January 1, 1970, and the principal and interest shall be payable in
lawful money of the United States of America on presentation of the bond or
proper coupon at the principal office of Mercantile Bank, Jonesboro, Arkansas.
The bonds shall mature on July 1 of each year, as follows, but are callable
for payment prior to maturity as hereinafter set forth:
YEAR
BOND NOS.
AMOUNT
1972
1
- 6
$ 5,830
1973
7
- 12
6,000
1974
13
- 18
6,000
1975
19
- 24
6,000
1976
25
- 30
6,000
1977
31
- 36
6,000
1978
37
- 42
6,000
1979
43
- 48
6,000
1980
49
- 54
6,000
1981
55
- 60
6,000
1982
61
- 67
7,000
1983
68
- 74
7,000
1984
75
- 82
81000
1985
83
- 90
8,000
1986
91
- 98
8,000
1987
99
- 107
9,000
1988
108 -
116
9,000
1989
117 -
126
10,000
1990
127 -
136
10,000
1991
137 -
147
11,000
1992
148 -
159
12,000
1993
160 -
171
12,000
1994
172 -
184
13,000
1995
185 -
198
14,000
1996
199 -
212
14,000
1997
213 -
227
15,000
1998
228 -
243
16,000
1999
244 -
260
17,000
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law
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Page 4
Section 4. That the bonds shall be executed on behalf of the City
by the Mayor and City Clerk and shall have impressed thereon the seal of
the City. Interest coupons attached to each of the bonds may be executed
by the facsimile signature of the Mayor but the bonds must be executed by
the manual
signature of the City Clerk.
The
facsimile signature of the Mayor
shall have
the same force and effect as
if he
had personally signed each of
the bonds or coupons.
Section 5. That the bonds and coupons shall be in substantially
the following form:
W
M
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UNITED STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF INDEPENDENCE
CITY OF BATESVILLE
GENERAL OBLIGATION AIRPORT IMPROVEMENT BOND
No.
KNOW ALL MEN BY THESE PRESENTS:
That the City of Batesville, Independence County, Arkansas ("City"),
acknowledges itself to owe and for value received, promises to pay to bearer
the sum of
DOLLARS
in lawful money of the United States of America on the first day of July, 19 ,
and to pay interest hereon at the rate of
per cent
per annum from date, semiannually on January 1 and July 1 of each year, com-
mencing January 1, 1970, upon presentation and surrender of the annexed
coupons as they severally become due.
Both principal and interest of this bond are hereby made payable at
the principal office of Mercantile Bank, Jonesboro, Arkansas.
This is one of an issue of two hundred sixty (260) bonds, aggregating
Two Hundred Fifty -Nine Thousand Eight Hundred Thirty Dollars ($259,830),
dated July 1, 1969, and numbered from one (1) to two hundred sixty (260),
inclusive, all of like tenor and effect except as to number, denomination, rate
of interest, maturity and right of prior redemption ("bonds"), and the bonds are
issued for the purpose of financing a portion of the cost to the City of develop-
ing and improving the municipal flying field (Airport) ("improvements") serving
the City.
The bonds are issued pursuant to and in full compliance with the
Constitution and laws of the State of Arkansas, particularly Amendment No. 13
to the Constitution of the State of Arkansas and pursuant to an election duly
held at which the majority of the legal voters of the City voting on the question
voted in favor of the issuance of the bonds and pursuant to Ordinance No.
9M
Page 6
adopted and approved on the day of , 1969, to which
reference is hereby made for a detailed statement of the terms and conditions
upon which the bonds are issued and secured. The bonds are general obliga-
tions
of the City of Batesville,
Arkansas,
payable from the proceeds of a
three
and forty-four hundredths
(3.44) mill
continuing annual tax levied by
the City Council under the authority of Amendment No. 13 to the Constitution
of the State of Arkansas, and the City hereby pledges its full faith, credit
and taxing power, including the three and forty-four hundredths (3.44) mill
special tax, for the payment of this bond and the issue of which it forms a
part.
The City has covenanted that surplus tax collections, being tax
collections from the three and forty-four hundredths (3.44) mill continuing
annual tax over and above the amount necessary to insure the promptjpayment
of the principal of, interest on and Paying Agent's fees in connection with the
bonds as the same become due and payable, must be used from time to time
on each interest paying date as and to the extent available to redeem the
bonds prior to maturity.
The bonds will be callable for payment prior to maturity in inverse
numerical order at a price of par and accrued interest as follows: From surplus
proceeds of the sale of the bonds not required for completing the improvements
and from surplus tax collections on any interest paying date; from funds from
any source on any interest paying date on and after July 1, 1974. Notice of
the call for redemption shall be published once a week for two (2) consecutive
weeks in a newspaper published in the City of Little Rock, Arkansas, and
having a general circulation throughout the State of Arkansas, giving the
number and maturity of each bond being called, the first publication to be
at least fifteen (15) days prior to the redemption date, and after the date fixed
for redemption each bond so called shall cease to bear interest, provided funds
for its payment are on deposit with the Paying Agent at that time.
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Page 7
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IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts,
conditions and things required to exist, happen and be performed under the
Constitution and laws of the State of Arkansas, particularly Amendment No. 13
to the Constitution of the State of Arkansas, precedent to and in the issuance
of this bond have existed, have happened and have been performed in due
time, form and manner as required by law; that the indebtedness represented
by this bond and the issue of which it forms a part does not exceed any
constitutional or statutory limitation; and that a tax sufficient to pay the
bonds and interest thereon has been duly levied in accordance with Amend-
ment No. 13 to the Constitution of the State of Arkansas and made payable
until all of the bonds and interest thereon have been fully paid and discharged.
This bond shall not be valid until it shall have been authenticated
by the certificate hereon duly signed by Mercantile Bank, Jonesboro, Arkansas.
IN WITNESS WHEREOF, the City of Batesville, Arkansas, has
caused this bond to be executed by either the manual or facsimile signature
of its Mayor and by the manual signature of its City Clerk, and its corporate
seal affixed and has caused the coupons hereto attached to be executed by
the facsimile signature of its Mayor, all as of the first day of July, 1969.
ATTEST:
City Clerk
(SEAL)
CITY OF BATESVILLE, ARKANSAS
By_ (facsimile si nature)
Mayor
IR
09
M
(Form of Coupon)
en
January,
On the first day of July, 19 the City of Batesville,
Independence County, Arkansas, unless the bond to which this coupon is
attached is paid prior thereto, hereby promises to pay to bearer
DOLLARS
in lawful money of the United States of America at the principal office of
Mercantile Bank, Jonesboro, Arkansas, being six months interest then due
on its General Obligation Airport Improvement Bond, dated July 1, 1969,
and numbered
CITY OF BATESVILLE, ARKANSAS
Mayor
On each bond shall appear the following:
CERTIFICATE
This is to certify that this is one of the two hundred sixty (260)
bonds of the issue mentioned and described within.
1*0W MERCANTILE BANK
JONESBORO, ARKANSAS
.39
R
(Authorized Signature)
0
Page 9
Section 6. That in order to pay the bonds as they mature, with
interest thereon, there is hereby levied upon all taxable real and personal
property within the City of Batesville, Arkansas, a continuing annual tax of
three and forty-four hundredths (3.44) mills on each dollar of assessed
valuation to be collected with the taxes collected in the year 1970 and
as long thereafter as may be necessary to pay the principal of, interest on
and Paying Agent's fees in connection with the bonds. The City Clerk is
directed to transmit a copy of this Ordinance to the County Clerk of
Independence County, Arkansas, to the end that the tax may be extended on
the tax books of the County and collected annually along with the other taxes
until the bonds and interest thereon are paid in full. The City covenants and
agrees that all of the revenues from the 3.44 mill tax shall be placed in a separate
fund which is hereby created and designated "1969 General Obligation Airport
Improvement Bond Fund" ("Bond Fund"), and shall be used solely for the payment
of the principal of and interest on the bonds of this issue, and the Paying Agent's
fees, as set forth in this Ordinance. The amount of the deposit in excess of
that insured by the Federal Deposit Insurance Corporation must be continuously
secured by bonds or other direct or fully guaranteed obligations of the United
States of America . The City covenants that surplus tax collections, being
tax collections over and above the amount necessary to insure the prompt
payment of the principal of, interest on and Paying Agent's fees in connection
with the bonds as they become due and payable, must be used from time to
time on each interest paying date as and to the extent available to call the
bonds for payment prior to maturity.
Section 7. That for the prompt payment of the bonds of this issue
with interest, the City of Batesville, Arkansas, hereby pledges its full faith,
credit and taxing power, including the tax levied in Section 6 hereof.
Page 10
Section 8. That in order to pay the principal of, interest on and
Paying Agent's fees in connection with the bonds as they become due and as
they may be called for redemption prior to maturity in accordance with the
provisions of this Ordinance pertaining to redemption prior to maturity, there
are hereby appropriated the entire collections of the special three and forty-
four hundredths (3.44) mill tax, and if the collections be insufficient to pay
the principal of, interest on and Paying Agent's fees in connection with the
bonds as they become due, then there are appropriated out of the general
revenues of the City the sums necessary, together with the collections, to
pay the principal of, interest on and Paying Agent's fees in connection with
the bonds as they become due. The principal of and interest on the bonds
become due in accordance with the following schedule:
\.► NOW
Page 11
YEAR
BOND
NOS.
AMOUNT
INTEREST
TOTAL
JANUARY 1 JULY 1
(July
1)
1970
1971
$ 7,200.54
$7,200.54
$ 14,401.08
1972
1
- 6
$ 5,830
7,200.54
7,200.54
14,401.08
1973
7
- 12
7,200.54
7,200.54
20,231.08
1974
13
- 18
6,000
7,047.50
7,047.50
20,095.00
1975
19
- 24
6,000
6,890.00
6,890.00
19,780.00
1976
25 -
30
6,000
6,732.50
6,732.50
19,465.00
1977
31 -
36
6,000
6,575.00
6,575.00
19,150.00
1978
37 -
42
6,000
6,417.50
6,417.50
18,835.00
1979
43 -
48
6,000
6,260.00
6,260.00
18,520.00
1980
49 -
54
6,000
6,102.50
6,102.50
18,205.00
1981
55 -
60
6,000
5,945.00
5,945.00
17,890.00
1982
61 -
67
6,000
5,787.50
5,787.50
17,575.00
1983
68 -
74
7,000
5,630.00
5,630.00
18,260.00
1984
75
7,000
5,437.50
5,437.50
17,875.00
1985
-
83 -
82
90
8,000
5,245.00
5,245.00
18,490.00
1986
91 -
98
8,000
5,025.00
5,025.00
18,050.00
8,000
4,805.00
4,805.00
17,610.00
1987
99 -
107
9,000
4,575.00
4,575.00
18,150.00
1988
108 -
116
9,000
4,316.25
4,316.25
17,632.50
1989
117 -
126
10,000
4,057.50
4,057.50
18,115.00
1990
127 -
136
10,000
3,770.00
3,770.00
17,540.00
1991
137 -
147
11,000
3,472.50
3,472.50
17,945.00
1992
148 -
159
12,000
3,166.25
3,166.25
18,332.50
1993
160 -
171
12,000
2,821.25
2,821.25
17,642.50
1994
172 -
184
13,000
2,476.25
2,476.25
17,952.50
1995
185 -
198
14,000
2,102.50
2,102.50
18,205.00
1996
199 -
212
14,000
1,700.00
1,700.00
17,400.00
1997
213 -
227
15,000
1,297.50
1,297.50
17,595.00
1998
228 -
243
16,000
866.25
866.25
17,732.50
1999
244 -
260
17,000
446.25
446.25
17,892.50
. y,r
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'low
Section 9. That the bonds of this issue shall be callable for payment
prior to maturity in accordance with the terms set out in the face of the bond
form in Section 5 of this Ordinance.
Section 10. That the Treasurer of the City of Batesville, Arkansas,
is hereby ordered and directed to place on deposit with Mercantile Bank,
Jonesboro, Arkansas, the Paying Agent, at least five (5) days before the
maturity date of any bond or interest coupon issued hereunder, an amount from
the funds herein appropriated equal to the amount of such bonds or coupons,
for the sole purpose of paying the same, together with the customary Paying
Agent's fees. Such deposit shall be at the risk of the City and shall not
operate as a payment of the bonds or coupons until so applied. This instruction
to the Treasurer is irrevocable and may be enforced by mandamus.
Section 11. That Mercantile Bank, Jonesboro, Arkansas, is desig-
nated as Paying Agent. The holders of a majority in value of the outstanding
bonds at any time may by an instrument duly executed and recorded in the office
of the City Clerk appoint a new Paying Agent, who shall have all the powers of
the Paying Agent originally named, and the Paying Agent herein named may
resign at any time upon ten (10) days notice in writing mailed to the City Clerk.
In the event of a vacancy in the office of Paying Agent and the failure of the
holders of the majority in value of the outstanding bonds to take the necessary
action to appoint a new Paying Agent within thirty (30) days after such vacancy
occurs, the City shall forthwith designate a new Paying Agent.
Section 12. That if default is made and continues for thirty (30) days
in the payment of any interest coupon, the holder of the bond to which it is
attached may declare the same immediately due and payable, and the failure
of the holder to exercise this option upon any default shall not be a waiver of
his right to exercise the option upon any subsequent default.
`sir► 'woe
Page 13
Section 13. That when the bonds herein authorized to be executed
have been executed by the Mayor and City Clerk and the seal of the City
impressed thereon, they shall be delivered to Mercantile Bank, Jonesboro,
Arkansas, which shall authenticate them and deliver them to the purchaser,
or order, upon payment in cash of the purchase price of $250,000, plus
accrued interest from July 1, 1969 to date of delivery ("total sale proceeds").
The total sale proceeds shall be disbursed as follows:
(1) Deduct from the total sale proceeds the amount necessary, if
any amount be necessary, to provide for the payment of interest on the bonds
until tax collections are available and the amount so deducted shall be
deposited into the Bond Fund, all as shall be specified in a letter of instruc-
tions delivered to Mercantile Bank at the time of the closing and upon which
the Bank shall be entitled to rely. The City expressly reserves the right to
reimburse the Construction Fund (hereafter created) in the amount of such
deposit to take care of interest until tax collections are available, from the
first available tax collections over and above the amount necessary to insure
the prompt payment of interest on the bonds; and
(2) Deposit the remainder of the total sale proceeds in a special
account of the City to be known as the "Construction Fund" in a bank designated
by the City that is a member of the Federal Deposit Insurance Corporation, and
the moneys in the Construction Fund shall be used solely for accomplishing
the improvements, paying expenses incidental thereto, and paying any
expenses incurred by the City in authorizing and issuing the bonds of this
issue. If any moneys remain in the Construction Fund after the improvements
are accomplished, they shall be deposited in the Bond Fund.
Section 14. That the terms of this Ordinance shall constitute a
contract between the City of Batesville, Arkansas, and the holder or holders
of the bonds, and no variation or change in the undertakings herein set forth
Page 14
shall be made while any of these bonds are outstanding, and the holder of
any bonds may at any time for and on his own behalf or for and on behalf of
all bondholders enforce the obligations of the City by a proper suit for that
purpose.
Section 15. That the provisions of this Ordinance are separable,
and in the event that any section or part hereof shall be held to be invalid,
such invalidity shall not affect the remainder of this Ordinance.
Section 16. That all ordinances and resolutions and parts thereof
in conflict herewith are hereby repealed to the extent of such conflict.
Section 17. That this Ordinance shall not create any right of any
character, and no right of any character shall arise under or pursuant to it,
until the bonds authorized by this Ordinance shall be issued and delivered.
Section 18. That it is hereby ascertained and declared that there is
an immediate -'need for the construction of the improvements in order that the
public health, welfare and safety may be protected and that the improvements
can be constructed only by the issuance of the bonds authorized by this
Ordinance. It is, therefore, declared that an emergency exists and this
Ordinance being necessary for the immediate preservation of the public peace,
health and safety shall be in force and take effect immediately from and after
its passage.
PASSED: 1969.
APPROVED:
ATTEST:
✓�
Mayor
City Clerk
(SEAL)
1WW "w
CERTIFICATE
The undersigned, Clerk of the City of Batesville, Arkansas, hereby
certifies that the foregoing pages, numbered 1 to 14, inclusive, are a true
and correct copy of Ordinance No. '� adopted ata
session of the Council of the City of Batesville, Arkansas, held at the
regular meeting place of the Council in said City at o'clock -.M.
on the day of 1969, 1969, and that the Ordinance is of
record in Ordinance Book No. page 3L; now in my possession.
GIVEN under my hand and seal this day of ,
1969.
City Clerk
(S EA L)
EXCERPTS FROM MINUTES OF A MEETING OF THE
BATESVILLE, ARKANSAS CITY COUNCIL HELD
The City Council of the City of Batesville
Arkansas met in regular session at its regular meeting g place in
Batesville
, Arkansas at 7:00 o'clock P_.m., on the
9th day of !September 19 69 . The following were present:
Mayor R. W. Sturch
C ity Clerk Floy T . Row
and Aldermen
Earl Tripp Noel Bone Glenn Shelton
Dean Lewallen A. J. Beckman Boyce Nash
Bobby Leonard Charles Runyan
Absent: None
The Mayor stated that consideration should be given to an
ordinance authorizing the issuance of General Obligation -Airport _ Improvement
Bonds of the City
This was a matter with which the Council was familiar and after a discussion,
Alderman Noel Bone introduced an ordinance entitled:
i
and the City
M
"AN ORDINANCE AUTHORIZING THE DEVELOPING AND
IMPROVING OF THE MUNICIPAL FLYING FIELD (AIRPORT)
SERVING THE CITY OF BATESVILLE, ARKANSAS; AUTHORIZ-
ING THE ISSUANCE OF GENERAL OBLIGATION AIRPORT
IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING
A PORTION OF THE COST TO THE CITY OF ACCOMPLISH-
ING THE IMPROVEMENTS; LEVYING A TAX SUFFICIENT TO
PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY"
lerk read the ordinance in full.
N
Page Z
Alderman Earl Trip , seconded by Alderman
Chart es Runyan , moved that the rule requiring the reading
of an ordinance or resolution in full on three different days be suspended and
that the ordinance be placed on its second reading. The Mayor put the question
on the adoption of the motion and the roll being called, the following voted aye:
Earl Tripp A.J. Beckman
Dean Lewallen Charles Runyan
Bobby Leonard Glenn Shelton
Noel Bone Boyce Nash
and the following voted nay: None
Thereupon the Mayor declared that at least two-thirds of all
members of the Council having voted in favor of the motion to suspend the rule,
the motion was carried and the rule suspended. The ordinance was then read
by the City Clerk
Alderman Bobby Leonard , seconded by Alderman
A. J. Beckman then moved that the rule requiring the reading of an
ordinance in full on three different days be further suspended and that the ordinance
be placed on its third reading. The Mayor put the question on the adoption of
the motion and the roll being called the following voted aye:
Earl Tripp Noel Bone Glenn Shelton
Dean Lewallen A.J. Beckman Boyce Nash
Bobby Leonard Charles Runyan
and the following voted nay: None
Page 3
The Mayor declared that at least tv,7o-thirds of all members elected
to the Council having voted in favor of the motion to suspend the mile, the motion
was carried and the rule suspended. The ordinance %vas then read by the City
Clerk ,
Alderman Genn. She tton , seconded by Alderman
--Boyce Nash moved that the ordinance be adopted. The
question was put by the Mayor on the adoption of the motion and the roll being
called, the following voted aye:
Earl Tripp Noel Bone Glenn Shelton
Dean Lewallen A.J. Beckman Boyce Nash
Bobby Leonard —..Charles --Runyan
and the following voted nay: None
Alderman Dean Lewallen
seconded by Alderman
Earl Tripp _ moved that Section 18 , the emergency clause,
be adopted, and on roll call the following voted aye:
Dean Lewallen A. J. Beckman Boyce Nash
Bobby Leonard Charles Runyan
and the following voted nay: None
The Mayor thereupon declared the ordinance and the emergency
clause adopted and signed the ordinance, which was attested by the City Clerk
and impressed with the seal of the City. The ordinance was given No. L.
(Matters not relating to the issuance of General Obligation Airport
Improvement Bonds
are omitted.)
There being no further business, the Council adjourned.
Mayor
ATTEST:
22 -
City Clerk
(S) EAL)
�f
. err' wrrr
,Iftow C E R T I F I C A T E
The undersigned, City Clerk — of
Batesville , Arkansas , hereby certifies that the foregoing
pages numbered 1 to 3, inclusive, are a true and correct copy of excerpts
of the minutes of a meeting of the City Council of Batesville
Arkansas at a regular session held at the regular meeting place of
the Council in said City at 7:00 o'clock p .m. , on the 9th day
of September 19 69 and the time and place of the meeting was
furnished to each person who made a request therefor in accordance with the
provisions of Act No. 93 of the Acts of Arkansas of 1967.
City Cleik
(SEAL)
A
NOTICE OF AND CONSENT TO MEETING OF COUNCIL
The undersigned hereby acknowledges receipt of official and
timely notice of a meeting of the City Council of the
City of
Batesville Arkansas, to be held on
Sc---� � 19 69 ,
c
o clok
at M. , at the regular, meeting place of the Council
in the Cit of Batesville, Arkansa � the purpose of the meeting being:
The consideration of an Ordinance authorizing the issuance
of General Obligation Airport Improvement Bonds of the City,
and for the transaction of such other business as may properly come before
the Council.
F
The undersigned further consent to the meeting at the time and
Place and for the purposes hereinabove set forth and hereby ratify all action
taken at said meeting for said purposes.
Mayor
Clerk-
4L
lerk
r
AN ORDINANCE TO PREVENT THE RUNNING AT LARGE OF DOGS
WITHIN THE CITY OF BATESVILLE AND PROVIDING PENALTIES THEREFOR
AND DECLARING AN EMERGENCY
BE IT ORDAINED 'BY THE CITY -COOUN-CIILLj OF BATESVILLE, ARKANSAS
l• Des Prohibited From Running at -Large: The running
at large of dogs within the City of Batesville is hereby declared
to be unlawful.
2. Definition: A dog shall be deemed running at large
if not controlled by leash by its owner or the owner's designee;
constrained by a line or tie; or confined within the bounds of
an enclosure.
3. Impoundment: Any dog found running at largo may be
impounded by the City and the upkeep thereof charged to the owner
at the rate of $1.00 per day. Any dog not claimed within 10 days
and the upkeep thereof paid may be destroyed.
4. Fine: Any owner of a dog found guilty of allowing
his
dog
to run at large
shall be
guilty of a misdemeanor and fined
not
less
than $5.00 or more than
$25.00.
5. Other Laws: Nothing in this ordinance shall be
construed to conflict with other ordinances covering the subject
but shall be construed to be in addition thereto.
6. Emergency: This ordinance being necessary for the
health, safety and welfare of the people of Batesville, an emer-
gency is declared to exist and this ordinance shall be in full
force and effect from and after its passage.
PASSED AND APPROVED THIS ='_.�.... DAY OF ,��/
1969.
ATTEST:
�LE�