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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 CM 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; `r'' r.✓` Page 3 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 M law v.r+► 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 *ft - 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. M Page 7 M 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 Page 12 '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�