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HomeMy WebLinkAbout2018-08-02 ORDINANCE NO 01 IN AN ORDINANCE TO PLACE THE QUESTION OF INCREASING THE MILLAGE TO ONE (1) MILL UPON EACH DOLLAR OF ASSESSED VALUE OF TAXABLE REAL AND PERSONAL PROPERTY FOR FIRE RETIREMENT AND PENSION FUNDS, PURSUANT TO THE PROVISIONS OF AMENDMENTS NO. 31 AND NO. 59 OF THE CONSTITUTION OF ARKANSAS, AND FOR OTHER PURPOSES WHEREAS, the Batesville Firemen's Pension and Relief Fund is no longer actuarially sound; WHEREAS, there are currently 16 retired firemen and spouses of deceased firemen who depend on said pension for income; WHEREAS, the current millage rate the fireman's retirement salary and pension fund is four tenths (0.4) per dollar of assessed value of taxable real and personal property; WHEREAS, the Batesville Firemen's Pension and Relief Fund is requesting that the millage rate be increased to a full one (1) mill as allowed under Amendment 31 of the Arkansas Constitution; WHEREAS, that per Amendment 59 of the Arkansas Constitution the only way to increase the millage from 0.4 mills to 1 mill is to refer the issue to a popular election by the citizens; and WHEREAS, the City Council has determined it would be in the best interest of the City of Batesville to place before this issue before the citizens of Batesville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: That there be submitted to the electors of the City of Batesville at the general election to be held on November 6, 2018, the question of increasing the tax levied for the Fireman's Retirement Salary and Pension Funds so that the increase in tax millage in addition to the current four tenths (0.4) mill tax upon each dollar of the assessed value of taxable real and personal property will equal a one (1.0) mill tax upon each dollar of assessed value of taxable real and personal property to be used for the Fireman's Retirement Salary and Pension Funds, subject to the provisions of Amendment 59. SECTION 2: That the question shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square opposite the measure either for or against: FOR increasing the tax levied for the Fireman's Retirement Salary and Pension Funds so that the currently certified four tenths (0.4) mill tax upon each dollar of the assessed value of taxable real and personal property will equal one (1) mill tax upon each dollar of assessed value of taxable real and personal property to be used for Fireman's Retirement Salary and PensionFunds.............................................................................❑ AGAINST increasing the tax levied for the Fireman's Retirement Salary and Pension Funds so that the currently certified four tenths (0.4) mill tax upon each dollar of the assessed value of taxable real and personal property will equal one (1) mill tax upon each dollar of assessed value of taxable real and personal property to be used for Fireman's Retirement Salary and Pension Funds...........................................................❑ Section 3: That the Clerk of the City of Batesville is hereby authorized and directed to give such notices and take such actions as are necessary to provide notice of the election and submission of the ballot title to the proper election officials. Section 4: 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 and only qualified voters of the City of Batesville, Arkansas, shall have the right to vote at the election. Section 5: That the results of the election shall be proclaimed under the law and in the manner now provided for municipal elections, so far as the same is applicable. Section 6: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 7: If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not affect the remaining portions of this ordinance. Section 9: EMERGENCY CLAUSE: It is further found that the Batesville Firemen's Pension and Relief Fund is not actuarially sound and because there is a limited amount of time to get this referendum certified by the necessary authorities prior to this November's general election, an emergency is declared to exist and this ordinance, being necessary for the preservation of the public health, safety, and welfare shall take effect from and after its passage and approval. PASSED AND APPROVED this L'L day of , 2018. ATTEST: Rick Elun bay OR Denise Johnsto CITY CLERK