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HomeMy WebLinkAbout2018-05-01 ORDINANCE NO.40 — —Q AN ORDINANCE AMENDING THE CITY OF BATESVILLE ORDINANCE NUMBER 947 WHEREAS, the City of Batesville, Arkansas, enacted Ordinance No. 947 providing that the City of Batesville should enter into an interlocal cooperation agreement with the County of Independence, State of Arkansas, for the purpose of forming a nonprofit corporation and, through that corporation, cooperatively establishing an industrial park; and WHEREAS, the County of Independence and City of Batesville formed such nonprofit corporation, the Batesville-Independence County Industrial Development Corporation,which established such industrial park; and WHEREAS, the County of Independence, the City of Batesville, and the Batesville-Independence County Industrial Development Corporation now desire to expand the purpose of the Batesville-Independence County Industrial Development Corporation; and WHEREAS, the County of Independence, the City of Batesville, and the Batesville-Independence County Industrial Development Corporation now desire to add the Mayor of the City of Batesville, the County Judge of the County of Independence, and the Executive Director of the Batesville Area Chamber of Commerce as ex-officio members of the board of directors of the Batesville-Independence County Industrial Development Corporation; NOW, THEREFORE, BE IT ORDAINED by the City Council of Batesville, Arkansas: Section 1. The fourth section of Ordinance No. 947 is amended by deleting it in its entirety and replacing it with the following: That the City of Batesville should enter into an interlocal cooperation agreement with the County of Independence, Arkansas, for the purposes of cooperatively establishing an industrial park, attracting and developing businesses and services, and developing and maintaining infrastructure in support of these activities. Section 2. The sixth section of Ordinance No. 947 is amended by adding the following after the first paragraph of the sixth section. The Mayor of the City of Batesville, the County Judge of Independence County, and the Executive Director of the Batesville Area Chamber of Commerce shall be ex- officio members of the Board of Directors, but shall have no vote and shall not be counted in determining if a quorum is present. 1 Section 3. The eighth section of Ordinance No. 947,part A, is amended by deleting it in its entirety and replacing it with the following: To receive funds from the City of Batesville, Arkansas, the County of Independence and any other appropriate source, and to use said funds for the following purposes in Batesville and Independence County, Arkansas: to purchase or obtain by gift real property to be used as an industrial park suitable for the location thereon of industrial development and the creation of additional jobs; to attract and develop businesses and services including, but not limited to, retail businesses, restaurants, transportation, businesses and services supporting recreation and tourism, and medical services; to develop and maintain infrastructure in support of these activities. Section 4. The eighth section of Ordinance No. 947, part 3, is amended by deleting it in its entirety and replacing it with the following: To develop and maintain real property to the fullest extent necessary in order to accomplish the expansion of business and industry in Batesville and Independence County,Arkansas. Section 5. The eighth section of Ordinance No. 947,part D, is amended by deleting it in its entirety and replacing it with the following: To establish reserves and to invest said reserves or any other funds coming into said corporation in bonds, certificates of deposit, savings accounts or other business and/or industrial property as the Board of Directors may deem satisfactory. Section 6. All ordinances, resolutions and parts thereof in conflict herewith are repealed to the extent of such conflict. PASSED: J " 0!3, APPROVED: Mayor ATTEST: L""- "'.") )-)-\ C*�hw+rr� City Clerk 2 CERTIFICATE The undersigned, City Clerk of the City of Batesville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance 401 a-S- , adopted at a regular session of the City u cil I � iity of Batesville, Arkansas, held at the regular meeting place of the Cit Council at on th`� 0��1 da of 2018 and that the Y � Y > Ordinance is of record in Ordinance Record Book No. , at page , now in my possession. GIVEN under my hand and seal on this a day of , 2018. City Clerk 3 BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS ORDINANCE NO. "'7 BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, STATE OF ARKANSAS, AN ORDINANCE TO BE ENTITLED: AUTHORIZATION OF AN INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF INDEPENDENCE AND THE CITY OF BATESVILLE, ARKANSAS, FOR THE ESTABLISHMENT OF A JOINT INDUSTRIAL PARK 1. There has been established a Joint Industrial Park Committee to study and make plans for the establishment of an industrial park as a joint effort of the County of Independence and the City of Batesville, Arkansas. 2. The Joint Industrial Park Committee, pursuant to authority granted to it, has performed studies and done work in furtherance of its objectives. 3. The cooperation of the County of Independence and the City of Batesville is necessary and desirable in reaching the objective of establishing a joint industrial park to provide for future industrial growth of Independence County and the City of Batesville. 4. That the City of Batesville should enter into an interlocal cooperation agreement with the County of Independence, Arkansas, for the purpose of cooperatively establishing an industrial park. 5. That the period of the agreement shall be perpetual. 6. That a non-profit corporation should be formed, its membership composed solely of the two cooperating governmental entities, i.e. the City of Batesville, Arkansas, and the County of Independence, and the complete authority for the operation of said corporation should be vested in a Board of Directors con- sisting of six members; that two of the said members should be appointed by the Quorum Court of Independence County, Arkansas, that two should be appointed by the Batesville City Council, and two should be appointed by the Batesville Area Chamber of Commerce; that the terms of office for each director should be five years except that the initial Board of Directors should be made up of one member to serve for one year, one member to serve for 2 years, one member to serve for three years, one member to serve for four years, and two members to serve for five years; after the initial directors are appointed their terms shall be determined by drawing of lots, and the By-Laws shall provide that the filling of vacancies that occur by expiration of terms shall be filled by appointees made by the parties in the following order: 1. County of Independence. 2. City of Batesville. 3. Chamber of Commerce. 4. County of Independence. 5. City of Batesville. 6. Chamber of Commerce. Vacancies occurring by resignation of directors shall be filled by the party which nominated the resigning director. Board Members shall serve without pay. No Board Member shall use his position to secure special privileges for himself, his spouse, child, parents or other persons standing in the first degree of relationship, or for those with whom he has a substantial financial relationship, nor shall he disclose or use any confidential information which he may gain by reason of his position for actual or anticipated personal gain, or for the actual or anticipated gain of any other person. 7. That the property of Independence County, Arkansas, and the City of Batesville, Arkansas, should not be subject to the payment of corporate debts to any extent whatsoever. 8. That the nature of the business of the corporation and the objects and purposes for which it is to be formed should be: A. To receive funds from the City of Batesville, Arkansas, and the County of Independence and any other appropriate source and to use said funds to purchase or obtain by gift real property to be used as an industrial park suitable for the location thereon of industrial development and the creation of additional jobs in Batesville and Independence County, Arkansas. 2 _ f I B. To develop and maintain said real property to the fullest extent necessary in order to accomplish the expansion of industry in Batesville and Independence County, Arkansas. C. To apply for and obtain funds from any appropriate source in order to accomplish these goals. D. To establish reserves and to invest said reserves or any other funds coming into said corporation in bonds, certificates of deposit, savings accounts or other industrial property as the board of directors may deem satisfactory. E. To have and to exercise all powers, privileges and rights conferred on corporations by the laws of the State of Arkansas and all powers and rights incidental in carrying out the purposes for which this corporation is formed. F. The foregoing shall be construed both as objects and powers and the enumeration thereof shall not be held to limit or restrict in any manner the general powers conferred on this corporation by the laws of the State of Arkansas, all of which are hereby expressly claimed. 9. That the name of the corporation should be Batesville- Independence County Industrial Development Corporation. i 10. That the manner of financing and establishing and maintaining a budget therefor should be consistent with the purposes and objectives set out in paragraph 5 herein. 11. That the corporation may only be terminated by majority, vote of the governing bodies of each of the governmental entities which are parties to this agreement, and then only upon recommen- dation of such termination by majority vote of the Board of Directors of such corporation; provided, however, the governmental entities which are parties to this agreement may terminate the corporation without recommendation of the Board of Directors upon a vote of three-fourths of the members of each governmental entity. - 3 - 12. That the Board of Directors of the corporation shall make a complete report of its activities, including a complete financial report, to the Quorum Court of Independence County and the City of Batesville, Arkansas, no less often than annually. 13. That upon the passing of an ordinance b the Y Quorum Court of Independence County, Arkansas, identical to this ordinance, the interlocal agreement described herein shall be deemed to have been made and shall enter into force upon approval by the Attorney General of the State of Arkansas, as .provided by law, and upon filing with the Secretary of State and the Independence County Clerk of the said ordinances. PASSED and APPROVED on this bEcer eEQ, day of 4--eff&e�, 1980. Peyton lden, Mayor ATTEST: / �GUVt,y W Larry Wi Hams, City Clerk 14. Emer encu Clause As the citizens of the City of Batesville, Arkansas, have spoken favorably throuoh the passage of a bond issue to promote further industrial growth; and as public funds are noir available for suc,, project, it is deemed momentarily urgent to move forward immediately in the furtherance of the will of the Citizens as expeditiously as Possible in a regulated manner. Therefore, an emergency is ,hereby declared to exist and this Ordinance being necessary for the irmediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval. L.atcd: /a-9 -S o nf Mayo r ".ttest: City Clerk 4 —