HomeMy WebLinkAbout2017-09-01 ORDINANCE NO. 0 17-10 9-0
AN ORDINANCE CREATING A PERPETUAL MAINTENANCE FUND FOR
THE BATESVILLE COMMUNITY CENTER& AQUATICS PARK AND
OUTDOOR TENNIS COURTS, LOCATED IN FITZHUGH PARK,
AND FOR OTHER PURPOSES.
WHEREAS,the City of Batesville desires to create a perpetual maintenance fund
for the recently opened Batesville Community Center&Aquatics Park(indoor and
outdoor)and outdoor Tennis Courts, all located within Fitzhugh Park on 20`h Street,
hereinafter referred to as "The Facility".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS:
Section 1: Creation and Funding of Perpetual Maintenance Fund
a. There is hereby created a perpetual maintenance fund for the "The Facility",
to be accounted for separately by the City Clerk, including interest thereon. This
fund shall be known as "The Batesville Community Center& Aquatics Park
Perpetual Maintenance Fund",hereinafter referred to as "The Fund".
b. "The Fund" shall receive all monies derived from the sale of sponsorships of
various areas located in, on and within"The Facility".
C. "The Fund" shall receive certain monies derived from the City of Batesville
Permanent One-Half Cent(0.5%) Sales and Use Tax passed in 2012 as provided
for in Section 2 below.
d. "The Fund" shall receive any bequeaths, donations or grant funds made to the
City of Batesville for the purpose of the general maintenance of the"The
Facility" or for the purchasing or replacing of all fumiture, fixtures and
equipment therein.
e. At the end of each year, the City Clerk shall transfer to "The Fund" any excess
of yearly operating revenue over yearly operating expenses, if any, from the
operation of "The Facility" excluding the salaries and benefits of any of the
following positions which may appear within"The Facility's" budget: Parks
Director, Recreation Superintendent, and Parks Maintenance Supervisor.
Section 2: Funding From The City of Batesville Permanent One-Half Cent
(0.5%) Sales and Use Tax passed in 2012
Each year, beginning in 2017 and continuing each year thereafter, the City Clerk
shall transfer SEVENTY FIVE THOUSAND DOLLARS ($75,000.00) from the
collections of the Permanent One-Half Cent(0.5%) Sales and Use Tax passed in
2012 to "The Fund" or in such greater amount(s) as the City Council may direct.
Section 3: Purpose and Use of "The Fund"
a. The purpose of"The Fund" is to provide for the long-term maintenance and care
of "The Facility".
b. The expenditure of monies from "The Fund" shall be restricted solely to the
maintenance, repair and replacement of all interior and exterior components of
"The Facility", including but not limited to,walls, floors,ceilings, roofs,pools,
pool features and accessories, pool equipment, parking lots etc. and for the
maintenance, repair, replacement of furniture, fixtures and equipment, including
any new additional furniture, fixtures or equipment that may be needed from
time to time, located in or on the premises of "The Facility".
Section 4: Council Approval Required to Expend Monies from "The Fund"
All expenditures from"The Fund" shall first require the affirmative vote of the
majority of the entire City Council.
Section 5:
That all ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
PASSED and APPROVED this V_day of
, 2017.
APPROVED:
Mayor Rick El g
ATTEST:
71LWf
Denise Johnston, City Cl k
Approved as to Form:
U4,fm 7 City Attorney