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ORDINANCE NO. 7.71
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY
OF BATESVILLE, ARKANSAS, SUBMITTING TO THE ELECTORS OF
THE CITY THE QUESTION OF ISSUING BONDS UNDER AMENDMENT
NO. 13 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR
THE PURPOSE OF IMPROVING THE MUNICIPAL FLYING FIELD
(AIRPORT); PRESCRIBING OTHER MATTERS RELATING THERETO;
AND DECLARING AN EMERGENCY
WHEREAS the City of Batesville, Arkansas (the "City") is a City
of the first class; and
WHEREAS the City Council has determined that there is an imme-
diate need for developing and improving the Municipal Flying Field (Airport)
in order that adequate airport facilities be made available for the industrial
development and growth and propserity of the City and its inhabitants and
has had a preliminary engineering report and estimates of costs prepared
covering the needed improvements (the "improvements"); and
WHEREAS it is contemplated that grants will be obtained from
agencies of the United States of America but that the City will have to furnish
up to $250,000 toward the financing of the improvements, necessary expenses
incidental thereto and the payment of expenses incurred in connection with
the issuance of the bonds;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Batesville, Arkansas:
Section 1. That a special election be and the same is hereby
called to be held in the City on the day of . " , 1969, at which
there shall be submitted to the electors of the City the question of issuing
bonds for the purpose of paying the portion of the costs of the improvements
to be borne by the City. The bonds shall be dated July 1, 1969, interest shall
be payable semiannually on January 1 and July 1 of each year commencing
January 1, 1970, and the bonds shall mature on July 1 of each year as follows,
but shall be subject to redemption prior to maturity upon such terms as shall
Wom
In
Page 2
.s
be specified in the Ordinance authorizing the issuance of the bonds:
YEAR AMOUNT
1972
$ 4,000
1973
4,000
1974
4,000
1975
5,000
1976
5,000
1977
5,000
1978
5,000
1979
6,000
1980
6,000
1981
6,000
1982
7,000
1983
7,000
1984
8,000
1985
8,000
1986
8,000
1987
9,000
1988
9,000
1989
10,000
1990
10,000
1991
11,000
1992
12,000
1993
12,000
1994
13,000
1995
14,000
1996
14,000
1997
15,000
1998
16,000
1999
17,000
Section 2. That the question shall be placed on the ballot for the
special election in substantially the following form:
low/
Page 3
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Vote on measure by placing an "X" in the square
opposite the measure either for or against:
FOR the issuance of bonds in the amount of $ 250, 000
for the purpose of financing the portion of the costs of
developing and improving the Municipal Flying Field
(Airport) to be borne by the City . . . . . . . . . . . . . . .
AaAINST the issuance of bonds in the amount of $250,000
for the purpose of financing the portion of the costs of
developing and improving the Municipal Flying Field
(Airport) to be borne by the City . . . . . . . . . . . . . . . CJ
It is proposed to issue the bonds under the provisions
of Amendment No. 13 to the Constitution of the State of
Arkansas in order to finance the portion of the costs of
the improvements to be borne by the City (in addition
thereto, it is anticipated that grant funds will be obtained
from agencies of the United States of America) . The bonds,
if approved,will be dated July 1 1969, interest thereon will
be payable semiannually on January 1 and July 1 of each year,
commencing January 1, 1970, and the bonds will mature
serially on July 1 in each of the years 1972 to 1999, inclusive,
but will be subject to redemption prior to maturity in such
manner and upon such terms as shall be specified in the
ordinance authorizing their issuance. For the purpose of
paying the principal of and interest on the bonds, the City
Council will levy and there will be collected a continuing
annual tax of 3.44 mills on the dollar of the assessed valuation
of the taxable real and personal property in the City.
Page 4
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Section 3. 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 municipal elections, so far as the same is applicable, and
to Mayor of the City is hereby authorized and directed to give notice of such
election by an advertisement published weekly once a week for four times in a
newspaper published in the City and having a bona fide circulation therein, the
last publication to be not less than ten days prior to the date of the election,
and only qualified voters of the City shall have the right to vote at said
election on the question.
Section 4. That the results of the election shall be proclaimed by
the Mayor, and his proclamation shall be published one time in a newspaper
published in the City and having a bona fide circulation therein, which pro-
clamation shall advise that the results as proclaimed shall be conclusive
unless attacked in the courts within thirty days after the date of the proclamation.
Section 5. That the Mayor is authorized to advertise, according
to the terms of Amendment No. 13 to the Constitution of the State of Arkansas,
the public sale of the bonds.
Section 6. That a copy of this ordinance shall be given to the
Independence County Board of Election Commissioners so that the necessary
election officials and supplies may be provided.
Section 7. That all ordinances and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 8. It is hereby ascertained and declared that there is an
immediate and urgent need for the improvements in order to promote and pro-
tect the health, safety and welfare of the City and its inhabitants, and that
the improvements can be accomplished only by the issuance of the bonds.
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 take effect immediately from and after its passage.
ATTEST;
City Cle
(S EAL)
Page 5
PASSED /T 1969.
0
APPROVED;
n
Mayor
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CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby
certifies that the foregoing pages numbered 1 to 5, inclusive, are a true
and perfect copy of Ordinance No. passed at a special session of
the City Council of Batesville, Arkansas, held at the regular meeting place
of the Council at o'clock __. m. , on the day of
1969, and that said ordinance is of record in Ordinance Record Book No.
Page , now in my possession.
GIVEN under my hand and seal this day of 1969.
City Clerk
(S EAL)
In
E`�CERPTS FROM MINUTES OF A MEETJNG OF THE
BATESVILLE CITY COUNCIL HELD
-- i / / `v 19 _ � 1
The City Council of the City of Batesville ,
Arkansas met in S4 session at its regular meeting place in
tesville
, Arkansas at %J_e�, '' o'clock 2 m., on the
Z) day of ���J'_ 19 0 1 The following were present:
Mayor C ity Gler
J�i and Aldermen
Absent:
1
The Mayor stated that consideration should be given to an
ordinance calling an election to vote upon the . uestion of issuing bonds under
Amendment No. 13 and other matters relating thereto.
This was a matter with which the Council was familiar and after a discussion,
Alderman (,'!I d. >
introduced an ordinance entitled:
"AN ORliINANCE CALLING A SPECIAL ELECTION IN THE
CITY OF BATESVILLE, ARKANSAS, SUBMITTING TO THE
ELECTORS OF THE CITY THE QUESTION OF ISSUING LOPES
UNDER AMENDMENT NO. 13 TO THE COIvSTITUTIC.GN OF
THE STATE OF ARKAN SAS FOR THE PURPOSE Or' IMPROVING
THE MUNICIPAL FLYING FIELL (AIRPORT); PRESCRIBING
OTHER MATTERS RELATIl` G THERETO; i=1.1- LECLARII G Al\,,
EMERGENCY"
and the City /1tl_)i-;tey read the ordinance in full.
D
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Page 2
Alderman __'h_,»;Zr�n --� seconded by Alderman
elton 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:
n
and the following voted nay: _2") -'ie
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 Z-Qet
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Alderman __ �c;;,i-tn _ seconded by Alderman
ten 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:
and the following voted nay: I ,'')ne
id }
C 11
and the following voted nay: I ,'')ne
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Page 3
The Mayor declared that at least t•,., -o- thirds of all members elected
to the Council having voted i.n favor of the motion to suspend 1,le mile, the motion
w,'s carried and the rule suspended. Tiie ordinance %^.ras then read by the City
Alderman rd seconded by Alderman
n__ 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:
,,
:0(21- � l '
n
and the following voted nay:
Alderman ;n;; _ seconded by Alderman
-J•�`�ci .iii"1 ___ moved that Section the emergency clause,
be adopted, and on roll call the following voted aye:
and the following voted nay: 1E�
The Mayor thereupon declared the ordinance and the emergency
clause adopted and signed the ordinance, which was attested by the City Mork
and impressed with the seal of the City. The ordinance was given No.
(Matters not relating to an ordinance calling a special election upon
the question of issuing bonds under Amendment No. 13
are omitted.)
There being no further business, the Council adjourned.
Mayor
ATTEST:
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I
Cler
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CERTIFICATE
The undersigned, City Clerk _ of
Lutesville_ Arkansas, hereby certifies that
the following 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
session held at the regular meeting
place of the Council in said City at o'clock m. ,
on the ly— day of / 19-4�L 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.
4ciClerk
(SEAL)
r2
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 ok �,� 1,
Arkansas, to be held on0 cL 1969,
at O'clock . M . , at the regular meeting place of the Council
in the City of Batesville , the purpose of the meeting being:
To give consideration to an ordinance calling a special election upon the
question of issuing bonds under Amendment No. 13 and other matters re-
lating thereto;
and for the transaction of such other business as may properly come before
the Council.
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.
c
Mayor
City Clerk