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ORD IN AN(J'E NO . 7 2 SJ
AN ORD I^1 ".ITCR CR—o. AT 1tTC- !%NlO .' STABLISHIN G A PUBLIC j
PARKS ZOI`fi'ISSION OF TH7 CITY OF BAT 13V ILL'', P-iE-
SCRIBING TH'a POofi'RS �T )UTIES Tai iOE I10 FOR
OTH=ER PVRPOS'�}S
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BE IT G=tI MINT -D BY THY,., CITY COTTNC IL OF THTC' CITY OF BATFSV ILLB'
ARK;Ml'S:
Section 1 -Pursuant to th-� powers and authority vested in
cities of the first class by Act 291 of the General Assembly of
1i'Arkansas of 19)-L1, and Act 311.8 of the General Assembly of Jtrkansas
I'i of 191x7 as ammended by Act 240 of the General Assembly of Arkansas
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;' of 1951 (now appearing; as Arkansas Statutes Sections 19-3601 to
19-3617 inclusive), and any ani_ all arrr-rendments thereof, there is
�! hereb« e -seated a Public Parks Corirission of the City of Batesville
!i to be co'mrosed of fig.„e (5) citizens who are qualified electors of it
the City of Batesville. j
Section 2 -The commissioners w`i.o will constitute said l_ablic
''Parks Commission shall be appointed, shall hold ofl: ice for the
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;;term , shall subscribe to the oaths of office, may be removed, and
,vacancies in the commission shall be filled, all as provided by
Sections 3 and 4 of Act. No, 348 of the General Assembly of Ark.
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of 1947 (nwwfound as Ark. Statutes 19-3608 and 19-3609) which
Sections of said Act 31.8 of 1947 are incorporated in this section
iof this ordinance by reference here made thereto,as thoug.h at this
point herein set forth verbatim.
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Section 3 - Said Public Parks Commission shall be ^h.ar�ed
T,,!ith all the duties and vested with all the authority Pnd powers
'which by law are char1red to and vested in such a cosmission parts-
ii c>blar*7 as found in Sections 5 to 12 inclusive of Act No. 348 of
;110,117 (Ark. Statutes 19-3610 to 19-3617 inclusive); which sections
of said Act 34.8 are incorporated in this section of this ordinance
by reference hers made thereto, as thou --h at this point herein set
forth verbatim.
Section 4 - In addition to the powers and authority vested
in the Co;-” issioners by law, is st .ted in Section 3 of this Ordi-
nance, said Public Parks Comr-ission shall have, and may exercl.se,
authority to cooperate with. Batesville School District No.
of Independence County, Arkansas and/or with the County Court of
Independence County, Arl:ansas or its duly authorized representative
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j1or representives or with any other school district of Independence
,County, Arkansas, in operating a pro,rram of public recreation and
`iplaygrounds and acquiring, equiping, mair_ta.inin�- a.n,. manarreinF
'for public park an,,? recreation purposes, builclin •s, or other re -
,creation facilities, on land owned or controlled by such school
,''district or owned or controlled by the City of Batesville which
;has been dedicated in whole or in part to public park and rec-eatioh
muses; all in accordance with the rrovisions of Act Plc)l of 19111
;(Ark. Statutes $9-36gi to 19-3605 inclusive), as now constituted
,or as the same may be hereafter ammended.
✓ Section - The real '
5 property whica is now owned by the City
of Batesville and which has been heretofore dedicated to puablic
(park and. recreational uses, known more particularly as "Riverside
Park", Fitzhugh Park" and "Kennedy Park" is hereby red4dicated to
Ipublic park and_ recreational use b,urposes, and the exclusive custodiy,
I mana ;ement, and control of said real property, and of all improve-
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!Iments and recreational facilities thereon located, are her -by
vested in said Public Parks Commission, of"ective promptly upon
the annointment and qualification of the Co°nmissioners. Irs like
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;manner, any and all other parcels of land or areas which are here-
after by one or more resolutions adopted or other appropiate actions
'jtaknn by the City Council of Batesville, dedicated to use as public;
b�-ks and/ recr ational areas and/or l�.
I. , / p ygrounds, shall be there! -
upon. subject to exclusive custody, manac:ement and control of said
'I Public Parks Co:rirission; and. all such areas, situtated within or
without the corporate limits of the City of Batesville, which are
!owned or controlled by the City of Batesville and h-ve been so
dedicated., shall be, for the purposes of this Ordinance, deemed a
11sipple public park system of the "ity of Batesville, whether or
'I not the parts thereof, are contig.iaous.
Section 6 - The several ss-:tisns and parts of sections of
'this ordinance are declared to be sepaL�able and if any section
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for part of a section hereof be, for any reason, adjudged to be in -
;valid, the other sections and p,�irts of sections hereof shall never-
I theless remain in full force and effect.
Section 7 - If for any reason it shoul1 ba finally adjudged
by the Supreme Court of Arkansas that Act$ 31.8 of 191I7 (as ammendecl
by .Act 210 of 1951) has been superseded_ and thereby repealed by
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IlIanother statute applicable to the subject matter of this Ordiance,
,,iin that case, only, the membrs of the Public Warks Commission
Iestablished by Section 1 of this Ordinance, shall be appointed and
;'hold office, and said commission shall function, in accordance with,
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Ilthe provisions of such presently ar>licable law, as now existing
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or or as the same may be he -eafi_ or ammended.
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Section 8 - To assist in providin<: for thl national defense,
I a.nd for the promotion of the public health and welfare, there exists
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Ilan urgent need in the City of Batesville for more extensive and
adequate facilities for public recreation and physical exercises,
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ii and for n.ore efficient ranap;ement and coordination of existing
xwstingt,
facilities and pro{ ram=s for the promot Ton of outdoor activities
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iand exercises �
, particularly on the part of the youth of the City,
�! and this Ordina-nce
,l provides a. suitable means of meeting such needs,I
:!therefore, an emergency is declared to exist and this Ordinance, j
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'� beim- necessary for the preservation. of the h i
public n: alth and wel-
:'I fare, peace , and safety, shall take effect and be in full force j
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from an-3 immediately after its adoption.
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Adopted this the day of
1966. ,
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fittest:
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