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Home My WebLink About2022-12-13-AGENDACOUNCILMEMBERS Rick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE can �j 4�hgNSAS' OLDEST CAS AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 December 13, 2022 5:30 P.M. 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS None 8. NEW BUSINESS Brittany Bennett Thomas Bryant Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole A) Police Department Report B) Engineer's Report C) Mr. Bob Carius to address the Council regarding his retirement D) Consider a resolution certifying local government endorsement of EURARK, LLC to participate in the tax back program. E) Consider a resolution authorizing the Mayor to enter into an administrative agreement with White River Planning and Development Dist. F) Consider a resolution authorizing Chief Elected Official to sign an application for CDBG Funds. G) Consider a resolution to waive competitive bidding for the remodel of the new Batesville Police Department. H) Consider a resolution setting fees for internments and dis-internments for the Oaklawn Cemetery, Grays Addition and the Mausoleum. 1) Consider a resolution levying fees for trash and garbage pickup service and other purposes. J) Consider an ordinance to establish and amend fees for the Maintenance and Operation of City owned Parks and Recreation facilities. K) Consider an ordinance providing for the adopting for the City of Batesville budget for the twelve months beginning January 1, 2023. L) Executive Session M) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT "City of Hospitality" RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF BATESVILLE, ARKANSAS, CERTIFYING LOCAL GOVERNENT ENDORSEMENT OF EURARK, LLC TO PARTICIPATE IN THE TAX BACK PROGRAM AS AUTHORIZED BY ARKANSAS CODE ANNOTATED § 15-4-2706(d). WHEREAS, in order to be considered for participation in the Tax Back Program, the local government must endorse a business to participate in the Tax Back Program; and WHEREAS, the local government must authorize the refund of local sales and use tax as provided in the Consolidated Incentive Act of 2003; and WHEREAS, Eurark, LLC d/b/a Lifeplus, located at 50 Industrial Drive, Batesville, Arkansas, has sought to participate in the program and more specifically has requested benefits accruing from the expansion and renovation of facilities in addition to the purchase of machinery and equipment; and WHEREAS, Eurark, LLC d/b/a Lifeplus, has agreed to furnish the local government all necessary information for compliance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS THAT: Section 1: Eurark, LLC is endorsed by the City Council of Batesville for benefits from the sales & use tax refunds as provided by Arkansas Code Annotated § 15-4-2706(d) of the Consolidated Incentive Act of 2003. Section 2: The Department of Finance and Administration is authorized to refund local sales and use taxes to Eurark, LLC. Section 3: This resolution shall take effect immediately. Adopted this day of December, 2022. Rick Elumbaugh, Mayor Attest: Denise M. Johnston, City Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR OF BATESVILLE, ARKANSAS TO ENTER INTO AN ADMINISTRATIVE AGREEMENT WITH THE WHITE RIVER PLANNING AND DEVELOPMENT DISTRICT, INC. WHEREAS, Batesville, Arkansas, is applying to the Arkansas Economic Development Commission (AFDC) for an Arkansas Community and Economic Development Program grant. The grant will be used for the purchase of equipment to benefit Eurark LLC DBA Lifeplus International; and WHEREAS, Batesville requires assistance to identify and implement the regulations pertaining to the said grant, and; WHEREAS, it will be necessary for the Mayor to act in connection with the Administrative Agreement; NOW, THEREFORE, IT IS RESOLVED that the City Council of Batesville, Arkansas, hereby declares that the Mayor be authorized to execute an agreement with the White River Planning and Development District, Inc., to provide administrative services to the City. Such costs and contract formats to be pre -approved by AEDC and all such costs to be paid by AEDC from the grant. ENTERED this day of , 2022. Rick Elumbaugh, Mayor Denise Johnston, City Clerk RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR CDBG FUNDS Resolution No. Be it resolved by the City Council of Batesville Arkansas, State of Arkansas, a resolution to be entitled: A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR ACEDP GRANT FUNDS TO THE STATE OF ARKANSAS WHEREAS: The City of Batesville is applying for funds through the Arkansas Community and Economic Development Program to benefit Eurark LLC DBA Lifeplus International, and WHEREAS: It is necessary that certain conditions be met as part of the application requirements; and WHEREAS: The City of Batesville has conducted a public hearing and has an active Citizen Participation Plan/Community Development Plan, and as part of the application process has received and considered comments on community development and housing needs, and proposed activities; and WHEREAS: As a result of the Community Development Planning activities; The City of Batesville has identified and prioritized the community development and housing needs. NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, THAT: The Mayor of Batesville, Arkansas, is hereby authorized, on behalf of the City of Batesville to submit an application to the State of Arkansas for grant funds, under the Community Development provisions of the Arkansas Community and Economic Development Program, and to expend funds to accomplish such community development activities, if the grant is awarded. This Resolution passed and adopted in regular session: Rick Elumbaugh, Mayor ATTEST: Denise Johnston, City Clerk 2022. RESOLUTION NO. A RESOLUTION TO WAIVE COMPETITIVE BIDDING FOR REMODEL OF THE NEW BATESVILLE POLICE DEPARTMENT WHEREAS, the City recently sold its Police Department to Bad Boy Mowers; WHEREAS, that as part of the terms of said sale, the Police Department was allowed to stay rent free at its current location for one year before Bad Boy would begin charging rent; WHEREAS, that the City recently purchased a building on the corner of Harrison and Oak Street from First Community Bank to house the Batesville Police Department; WHEREAS, that M&A Jones Construction has submitted an estimate to remodel the property which meets the Police Department's specifications and can complete the remodel before the City will be required to start paying rent at its current location; WHEREAS, that the need is immediate and opening the project to bids will further delay completion and possibly expose the city to unnecessary rent costs; and WHEREAS, Arkansas Code Annotated § 14-58-303(b)(2)(B) allows this governing body by resolution to waive the requirements of competitive bidding in exceptional situations where bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. That the Council hereby authorizes the Mayor to accept the bid of M & A Jones Construction for the remodel of the new Batesville Police Department. A copy of said bid is attached hereto and incorporated herein by reference. Section 2. That competitive bidding for the remodel of the new Batesville Police Department is deemed to be not feasible or practical, and is hereby waived. PASSED AND APPROVED this of December, 2022. Honorable Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk M & A JONES CONSTRUCTION P.O Box 3944 1530 Batesville Blvd. Batesville, Arkansas 72503 Phone (870) 251-1969 Fax (870) 251-1187 October 10, 2022 Mr. Alan Cockrill Batesville Police Department Batesville, Arkansas Re. Remodel NCO Building -Furnish labor and materials to refurbish the existing NCO building as per adjusted floor plan. -Demolish and haul off concrete slab under drive thru -Demolish and haul off existing drop ceilings, floor covering, walls and doors -Pour concrete slab for evidence room -Pour concrete for interior plumbing lines -8" split face blocks at drive thru, filled with zonalite, 4" split face blocks at two door openings on sidewall -Metal stud walls, blocking -Cabinets in two breakrooms -Sound insulation in new walls, 3" foam insulation on existing metal roof deck -Hollow metal frames, solid core birch wood doors, commercial hardware -Move one set of double glass entrance doors, add one new single aluminum entrance door -Hang and finish 5/8" fire -rated gypsum board -Paint hollow metal doors, hollow metal frames, stain wooden doors, paint blocks, paint gypsum board, paint outside canopy -2 x 2 metal ceiling grid system, 5/8" acoustical tiles -Ceramic the at entrance and front restroom, vinyl plank floor tile, vinyl base -Toilet accessories, solid plastic toilet partitions, mirrors, door signs for restrooms, fire extinguishers -Plumbing: Run new water and sanitary lines for two new restrooms. Refurbish two existing restrooms. New faucets for breakroom sinks. Add gas piping for evidence heater. -HVAC New A.C. unit for evidence room, new mini split for server room, rework ducting as required, checkout HVAC equipment for lower section, new ceiling diffusers, restroom exhaust fans. -Electrical New 2 x 2 LED lay in light fixtures, exit and emergency lights, 115V receptacles, data stub ups, power for new A.C. units. -Building permit, supervision, clean up This is a budgetary price including labor, materials, taxes, freight and insurance. The price is $492,470.00 (Four Hundred Ninety Two Thousand, Four Hundred Seventy Dollars). Items not included: outside signage, data wiring, refrigerator, stove. microwave, interior door signage other thank restrooms, landscaping, architectural set of plans. M & A Jones Arch Jones RESOLUTION NUMBER A RESOLUTION SETTING FEES FOR INTERNMENTS AND DIS- INTERNMENTS FOR OAKLAWN CEMETERY, GRAY'S ADDITION TO OAKLAWN CEMETERY AND THE MAUSOLEUM LOCATED AT OAKLAWN CEMETERY AND FOR OTHER PURPOSES WHEREAS, The City of Batesville owns, operates and maintains said Oaklawn Cemetery and Gray's Addition to Oaklawn Cemetery and operates and maintains the Mausoleum located at Oaklawn Cemetery; and WHEREAS, The City of Batesville provides all internments and dis-internments for said cemetery; and WHEREAS, City codes provide that the City may establish fees for such internments and dis-internments; and WHEREAS, the City desires to adopt a fee schedule for internments and dis- internments. NOW, THEREFORE, BE IT RESOLVED, that the City adopts the fees for internments and dis-internments attached hereto as Exhibit A, for Oaklawn Cemetery, Gray's Addition to Oaklawn Cemetery and the Mausoleum located at Oaklawn Cemetery. IT IS SO RESOLVED this 13t" day of December 2022. Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk A HISTORIC TREASURE �ANSAS' OLDEST Rick Elumbaugh, Mayor Denise Johnston. City Clerk Timothy Meitzen, City Attorney December 13, 2022 CITY OF BATESVILLE 500 East Main Batesville, Arkansas 72501 Phone 870-698-2400 Fax 870-698-2406 www.cityofbatesville.com EXHIBIT A COUNCILMEMBERS Brittany Bennett Thomas Bryant Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole OAKLAWN CEMETERY AND GRAY'S ADDITION TO OAKLAWN CEMETERY PRICES FOR INTERNMENTS FOR BOTH MAUSOLEUM AND BURIALS ADULTS AND CHILDREN REGULAR WEEKDAYS INTERNMENT $ 800.00 INFANT $ 250.00 CREMATIONS $ 100.00 MAUSOLEUM $ 1,000.00 DIS-INTERNMENT' $ 3,000.00 DIS-INTERNMENT- CREMATION' $ 500.00 WEEKEND AND HOLIDAYS SATURDAY INTERNMENT $ 1,100.00 SATURDAY- INFANT $ 400.00 SATURDAY MAUSOLEUM $ 1,500.00 SUNDAY & HOLIDAY INTERNMENT $ 1,400.00 SUNDAY & HOLIDAY- INFANT $ 500.00 SUNDAY MAUSOLEUM $ 1,500.00 CREMATIONS- SATURDAY $ 200.00 CREMATIONS- SUNDAY & HOLIDAYS $ 250.00 'Dis-Internments will not be preformed on weekends or holidays. Batesville — My Hometown... Make it Yours! RESOLUTION # A RESOLUTION LEVYING FEES FOR TRASH AND GARBAGE PICKUP SERVICE AND OTHER PURPOSES: WHEREAS; the Batesville City Council is authorized and directed by Ordinance #922 as codified in the Batesville Municipal code as Chapter 5, Section 5.12.01, et seq. (and the following) to establish and levy a fee for garbage and trash pickup service; and, WHEREAS; the services provided are essential to the health and sanitation of the City and its people and a readjustment of fees is found to be necessary for the continued efficient operation of said system and said readjustment is beneficial to the citizens as a whole. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: (1) Pursuant to Ordinance #922 as codified as Batesville Municipal code Chapter 5, Section 5.12.01 et seq. (and the following) the following rates for residential, commercial and industrial garbage and trash pickup are hereby set out as follows and shall take affect January 1, 2023. (2) The rate for residential garbage and trash pickup is hereby set at $16.04 per month per house or living unit located within the City of Batesville, Arkansas; except where all the occupants of a house or living unit are 65 years or older, have a household income of under $14,000.00 annually and said persons execute a document under oath stating their age and that the total household income is under $14,000.00 annually for said house or living unit, said fee shall be $10.12 per month. Previous exemption rates granted for hardship cases under resolution #2009-12-2-R are hereby repealed in addition to the rates established under resolution #2009-12-2-R. Those who were exempted prior to the passage of this resolution shall not be required to reapply in order to continue to receive said hardship exemption. (3) The rate for commercial and industrial users shall be as follows: CONTAINER PICKUPS SIZE PER WEEK 1 2 3 4 5 6 2 CU YD $ 64.12 $112.21 $159.02 $206.99 $283.03 $304.48 4 CU YD $ 90.77 $162.90 $236.35 $308.48 $381.92 $456.78 6 CU YD $116.23 $216.32 $312.49 $411.39 $508.87 $606.36 8 CU YD $144.29 $267.10 $389.94 $511.48 $634.41 $758.54 UNSCHEDULED EXTRA PICKUPS 2 CU YD $ 64.12 4 CU YD $ 90.77 6 CU YD $116.23 8 CU YD $144.29 EXTRA GARBAGE CONTAINER $7.85 per month Bagged commercial pick-ups shall be $17.33 per month. ADOPTED this 13th day of December, 2022. Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk ORDINANCE # AN ORDINANCE TO ESTABLISH AND AMEND FEES FOR THE MAINTENANCE AND OPERATIONS OF CITY OWNED PARKS AND RECREATION FACILITIES BE IT ENACTED BY THE CITY OF BATESVILLE, ARKANSAS WHEREAS, the City of Batesville owns and maintains Riverside Park, Kennedy Park, Fitzhugh Park which includes the Community Center, the Municipal Golf Course, East Main Sports Complex, and the Terry Sims Diamond Sports Complex; and WHEREAS, costs of operation, maintenance, and personnel warrant the establishment of fees for use and rental of these facilities; and WHEREAS, a schedule of fees needs to be established by the City of Batesville to help offset the costs of maintenance of the park facilities; and NOW, THEREFORE BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: A schedule of fees for rental and usage of parks and recreations facilities is to be established to help offset the maintenance and operation costs of City owned Parks and Recreation facilities according to the attached schedule: See Exhibit A. SECTION 2: This ordinance will amend ordinance #2020-01-03. SECTION 3: Any ordinances or parts of ordinances in conflict herewith are hereby repealed to extent of such conflict if any. SECTION 3: Emergency Clause: It is hereby declared that the city immediately requires the revenues derived from the fees established hereunder in order to provide certain governmental services related to health. Because this ordinance is necessary for the preservation of the public health an emergency is declared to exist and this ordinance shall be effect from and after its passage and approval. PASSED AND ADOPTED THIS day of December, 2022. RICK ELUMBAUGH, MAYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK Exhibit A Golf Course Memberships Individual $540.00 Family $600.00 Youth $100.00 Senior $450.00 Cart Shed Rental $300.00 (gas) / $360.00 (electric) Point of Sale Daily Trail Fee $2.00 Weekday Daily Green Fee $15.00 Weekend / Holidays Daily Green Fee $20.00 Cart Rental 9 Holes $10.00 18 Holes $15.00 Miscellaneous Merchandise (Golf Balls, Gloves, Tees) Miscellaneous Fees Course Rental for Tournaments $400.00 per day "Customers with both Golf Course and Community Center Memberships receive a 10% Discount' Terry Sims Diamond Sports Complex Field Rentals Legion Field Babe Ruth Youth Softball North Youth Softball South Adult Softball (Field #5) Adult Softball (Field #6) Adult Softball (Field #7) Chase Field Wrigley Field Fenway Park Minute Maid Park Comerica Park Busch Stadium Yankee Stadium T-Ball #1 T-Ball #2 T-Ball #3 All Fields are rented at a rate of $10 per hour or $100 per day. Use of lights is an additional $10 per hour per field. Reservation of the facility for tournaments requires a $500.00 deposit only refundable if cancelled by Batesville Parks and Recreation. Field Rental will increase to $15 per hour or $125 per day Use of lights will be an additional $15 per hour per field. East Main Sports Complex Field Rentals Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Field #8 Field #9 All Fields are rented at a rate of $10 per hour or $100 per day. Use of lights is an additional $10 per hour per field. Field Rental will increase to $15 per hour or $125 per day Use of lights will be an additional $15 per hour per field. Soccer Pavilion $20.00 per day $25.00 per day Rodeo Arena Riverside Park $125.00 per day $130.00 per day Pavilion Rentals Pavilion #1 $20.00 per day $25.00 per day Pavilion #2 $20.00 per day $25.00 per day Pavilion #3 $20.00 per day $25.00 per day Pavilion #4 $20.00 per day $25.00 per day Amphitheater Private Individual $100.00 per day $125.00 per day Non -Profit $200.00 per day $225.00 per day Private Business $300.00 per day $325.00 per day Entire Park $400.00 per day $425.00 per day Kennedy Park Pavilion Rentals Bass Club Pavilion $20.00 per day $25.00 per day Pavilion #5 $20.00 per day $25.00 per day Community Center Memberships Annual (must be paid in full or set up on monthly bank draft) Individual $20.00 / month $25.00 / month Individual Non -Resident $25.00 / month $30.00 / month Couple $35.00 / month $40.00 / month Couple Non -Resident $40.00 / month $45.00 / month Family* $40.00 / month $45.00 / month Family Non -Resident* $45.00 / month $50.00 / month Youth $15.00 / month $20.00 / month Senior $10.00 / month $15.00 / month Senior Non -Resident $15.00 / month $20.00 / month *Family memberships are based on 4 people per household. Additional members in household will be charged at a rate of $5.00 per month per person. 3 Month Pass Individual $75.00 $90.00 Individual Non -Resident $90.00 $105.00 Couple $120.00 $135.00 Couple Non -Resident $125.00 $140.00 Family* $135.00 $150.00 Family Non -Resident* $150.00 $165.00 Youth $60.00 $75.00 Senior $45.00 $60.00 Senior Non -Resident $60.00 $75.00 *Family memberships are based on 4 people per household. Additional members in household will be charged at a rate of $5.00 per month per person. Monthly Individual $30.00 $35.00 Individual Non -Resident $35.00 $40.00 Couple $45.00 $50.00 Couple Non -Resident $50.00 $55.00 Family* $50.00 $55.00 Family Non -Resident* $55.00 $60.00 Youth $25.00 $30.00 Senior $20.00 $25.00 Senior Non -Resident $25.00 $30.00 *Family memberships are based on 4 people per household. Additional members in household will be charged at a rate of $5.00 per month per person. Daily Fee Resident and Non -Resident $5.00.v;; Facility / Room Rentals Gymnasium Court #1 $25.00 per hour Court #2 $25.00 per hour Court #3 $25.00 per hour Court Rentals will increase to $30.00 per hour for athletic events. Non -athletic events are $40.00 Racquetball Court $10.00 per hour Entire Gymnasium $75.00 per hour or $750.00 per day Entire Gymnasium Rental will increase to $900.00 per day for athletic events and $1,200.00 for non- athletic events. Group Fitness Room Meeting Rooms Meeting Room #1 Meeting Room #2 Meeting Rooms #1 and #2 Meeting Room #3 Meeting Room #4 Meeting Rooms #3 and #4 Board Room North Board Room South Building B Veranda Outdoor Pool Party Pod #1 $25.00 per hour $30.00 per hour $25.00 per hour $30.00 per hour $20.00 per hour $25.00 per hour $40.00 per hour or $400.00 per day $55.00 per hour or $550.00 per day $25.00 per hour $30.00 per hour $20.00 per hour $25.00 per hour $40.00 per hour or $400.00 per day $55.00 per hour or $550.00 per day $15.00 per hour $20.00 per hour $15.00 per hour $25.00 per hour $25.00 per hour $25.00 per hour $135.00 per 2 hour block Party Pod #2 $135.00 per 2 hour block Party Pod #3 $135.00 per 2 hour block Party Pod #4 $135.00 per 2 hour block Party Pod Rentals will increase to $140.00 per 2 hour time block. (Party Pods may be reserved during Open Swim at a rate of $100.00 for 2 hour time block) Pavilion $150.00 per 2 hour block $160.00 per 2 hour block Party Deck $150.00 per 2 hour block $175.00 per 2 hour block Indoor Party Room North $150.00 per 2 hour block $160.00 per 2 hour block Indoor Party Room South $150.00 per 2 hour block $160.00 per 2 hour block Rental of outdoor pool for exclusive use $1,000.00 for 2 hours and $1,800.00 for 4 hours. Rental of outdoor pool for exclusive use $1,100.00 for 2 hours and $2,000.00 for 4 hours. Natatorium Competition Pool Entire Pool $300.00 per 2 hour block North 3 Lanes Included in Indoor Party Room Rental South 3 Lanes Included in Indoor Party Room Rental Children's Play Pool Included in Indoor Party Room Rental Therapy Pool $20.00 per hour per client Entire Natatorium $800.00 per 2 hour block ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ADOPTING FOR THE CITY OF BATESVILLE A BUDGET FOR THE TWELVE (12) MONTHS BEGINNING JANUARY 1, 2023, APPROPRIATING MONEY FOR EACH AND EVERY DEPARTMENT WITHIN THE CITY OF BATESVILLE FOR EXPENDITURES THEREIN PROVIDED: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Batesville, Arkansas, has made a comprehensive study and review of the proposed budget, and; WHEREAS, it is the opinion of the City Council that the schedules and exhibits of financial information prepared and reviewed anticipated revenues and expenditures for the calendar year appear to be as accurate as possible for budgetary purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: Section 1: This ordinance shall be known as the budget ordinance for the City of Batesville, Arkansas, and Batesville Water Utilities for the twelve (12) month period beginning January 1, 2023, and ending December 31, 2023, reflecting estimated revenues and expenditures as hereinafter set forth on the succeeding pages and made a part hereof as though fully set out herein word for word. Section 2: The respective amounts of funds for each and every Department within the City of Batesville for expenditures herein proposed in the budget for 2023 are hereby authorized and appropriated for the purposes herein set forth for the calendar year ending December 31, 2023. Section 3: The appropriations herein include pay for worked hours, holidays and other fringe benefits for all agents, servants, elected officials and employees of the City of Batesville, Arkansas, and Batesville Water Utilities including but not limited to, uniformed employees, as provided for by the laws of the State of Arkansas. Section 4: The City Council may alter or revise the budget from time to time and unpledged funds appropriated by the City Council for any purpose may subsequently, by action of the City Council, be appropriated to another purpose subject to the laws of the State of Arkansas. Section 5: It is hereby declared that an emergency exists and that this ordinance, being in the best interest of the public and its welfare, shall be effective from and after the date of its passage. ADOPTED this 13th day of December, 2022 APPROVED: RICK ELUMBAUGH, MAYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK