HomeMy WebLinkAbout2023-05-09-AGENDAN
COUNCILMEMBERS
Rick Elumbaugh, Mayor
Denise Johnston, Clerk
Timothy Meitzen, Attorney
A
HISTORIC
TREASURE.
A `gNSAS' OLDEST
AGENDA
CITY OF BATESVILLE
CITY COUNCIL
500 EAST MAIN
BATESVILLE, AR 72501
May 9, 2023
5:30 P.M.
Brittany Bennett
Thomas Bryant
Scott Fredricks
Julie Hinkle
Paige Hubbard
Fred Krug
Douglas Matthews
Chris Poole
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
A) Second reading of an ordinance to amend the properties included in the
Batesville Commercial Historic District
8. NEW BUSINESS
A) Police Department Report
B) Engineer's Report
C) Fire Department Report
D) Public Works/Sanitation Report
E) Proclamation for National Fentanyl Awareness Day
F) Consider an ordinance for the approval of an application for private club permit
for Club Stella on Main
G) Consider a revised version of an ordinance to amend the properties included in
the Batesville Commercial Historic District.
H) Consider an ordinance amending ordinance no 2011-12-05 in order to authorize
the net collections of the 0.5% Sales and Use Tax levied within the City of
Batesville and secure the repayment of bonds approved by the voters
1) Consider an ordinance calling for a special election in the city of Batesville on
the questions of issuing bonds under Amendment No. 62 to the Constitution of
the State of Arkansas for the purpose of financing and refinancing all or a portion
of the costs of capital improvements.
J) Consider an ordinance calling for a special election in the city of Batesville on
the question of issuing bonds under the Amendment No. 62 to the Constitution of
the State of Arkansas for the purpose of financing all or a portion of the costs of
capital improvements: levying a one percent (1%) Sales and Use Tax to
commence on April 1, 2024 for the purpose of retiring such bonds.
K) Executive Session
L) Financial report
9. COMMENTS FROM THE MAYOR
10. LIAISON REPORTS
11. COMMENTS FROM COUNCIL MEMBERS (by roll call)
12. ADJOURNMENT
"City of Hospitality"
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INDEPENDENCE COUNTY, ARKANSAS
Independence County Hometown Wellness Coalition to perform a Call to Action and observe
May 9`h as National Fentanyl Awareness Day.
WHEREAS: The fentanyl epidemic in the United States is a serious public safety threat, with
illicit fentanyl poisoning rates currently reaching the highest level in history and fentanyl
poisoning now the number one cause of death among Americans ages 18 to 45; and
WHEREAS: Fentanyl is a highly addictive synthetic opioid that is 100 times more potent than
morphine. According to the United States Drug Enforcement Administration (DEA), illicit
fentanyl is being manufactured with other illicit drugs to increase potency, sold as powders and
mixed with other illicit drugs, and is increasingly pressed into counterfeit pills made to look like
legitimate pharmaceutical drugs; and
WHEREAS: Fentanyl-contaminated drugs are killing people across our nation every day. Drug
toxicity deaths have shown a dramatic increase nationally, with illicit fentanyl being the primary
reason for the increase. It is becoming more common for individuals to use a pill or other drugs
without knowing it contains fentanyl; and
WHEREAS: The DEA is seeing a nationwide spike in fentanyl-related mass -poisoning events
involving three or more poisonings occurring close in time at the same location. The opioid
epidemic is so prominent that the DEA issued its first public safety alert in over six years,
seeking to raise awareness of a significant nationwide surge in counterfeit pills; and
WHEREAS: Fentanyl is a growing crisis that poses a threat to public health and the well-being
of the people of Arkansas. Affected families across the nation are united in bringing prevention
and awareness on this day, and Batesville, Arkansas joins their efforts to save lives; and
WHEREAS: The Arkansas Department of Human Services provides information about
accessing naloxone, the medication also known as Narcan that can reverse opioid overdoses.
The Arkansas Department of Health's website also lists Statewide Community -based
Organizations that provide Naloxone overdose training and kits for free. There is also a free app
available to download NARCANSAS, which provides an opioid overdose resource containing
tools that will help someone administer the drug naloxone in the moment of a suspected opioid
overdose.
NOW, THEREFORE, I, Rick Elumbaugh, Mayor of Batesville, do hereby proclaim Tuesday,
May 9th as call to action: NATIONAL FENTANYL AWARENESS DAY
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ORDINANCE NO.
AN ORDINANCE FOR THE APPROVAL
OF AN APPLICATION FOR PRIVATE CLUB PERMIT
WHEREAS, Laurie Gottschalk, on behalf of a private club to be known
as "Club Stella on Main, Inc.", is making application to the Arkansas Alcohol
Beverage Control Division for a private club permit for a business to be
located at 250 E. Main, Batesville, Arkansas 72501; and
WHEREAS, under the provisions of Act 1112 of 2017 as enacted by the
Arkansas General Assembly, it is necessary for the City Council for the City
where the proposed private club will be located to approve the application
before it is submitted to the Arkansas Alcohol Beverage Control Division; and
WHEREAS, all applicable laws, rules and regulations have been complied
with in presenting this Ordinance to the City Council of the City of
Batesville, Arkansas.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Batesville, Arkansas, that:
The application of Laurie Gottschalk for a private club to be known
as "Club Stella on Main, Inc.," to be located at 250 E. Main, Batesville,
Arkansas 72501, is approved, and the private club to be known as "Club Stella
on Main, Inc.," shall be entitled to operate its business as a private club
at 250 E. Main, Batesville, Arkansas 72501 subject to the approval of the
Arkansas Alcoholic Beverage Control Division.
EMERGENCY CLAUSE: It being necessary to protect and preserve the health,
safety and welfare of the people of the City of Batesville, an emergency is
declared to exist and this Ordinance shall be in full force and effect from
and after its passage.
PASSED and APPROVED this _ day of April, 2023.
APPROVED
The City of Batesville
Rick Elumbaugh, Mayor
ATTEST:
Denise M. Johnston, City Clerk
ORDINANCE NO.
AN ORDINANCE TO AMEND THE PROPERTIES INCLUDED IN THE
BATESVILLE COMMERCIAL HISTORIC DISTRICT; AND FOR OTHER
PURPOSES.
WHEREAS, it is the duty of the Batesville Downtown Historic District
Commission to safeguard the city's historic, aesthetic, and cultural heritage, as embodied
and reflected in such areas; and
WHEREAS, the Historic District Commission has the power to recommend to
the City Council the adoption of ordinances designating areas as having special historic
community or architectural value as "Historic District" and add these historic districts to
the provisions of this ordinances; and,
WHEREAS, the original boundary of the Batesville Downtown Historic District
conformed to the boundary of the National Register for said district, as per state law; and
WHEREAS, the boundary of said National Register has recently expanded,
therefore the Historic District Commission is recommending to the city that the Historic
District be expanded in order to conform with said Register with the exception of
property on the southeast side of College on the northeast half of Block 35 (the old bank
building on the corner of College and Broad); and,
WHEREAS, the City wishes the Historic District Commission's boundary to
remain in conformity with the National Register boundary with the exception of the
property on the southeast side of College.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS:
Section 1: That Ordinance No. 2009-4-2, Sec 2., Titled "Batesville downtown
commercial Historic District", and Codified as 7.60.02 is hereby amended
as follows:
The Historic District shall consist of that area of the city shown on Exhibit 1,
which is attached hereto and made a part hereof. The downtown commercial Historic
District in Batesville, Arkansas is described as follows:
All properties facing Main and Central in Block 13; all properties facing
Main in Block 14; all of Block 15; all properties facing Main in Blocks 16,17,18,19,
20, and Block 21; more specifically the following parcels in the Old Town addition:
Block 13, Lots 5-10; Block 14, Lots 1-5; Block 15, Lots 1-10; Block 16, Lots 6-10;
Block 17, Lots 5-8; Block 18, Lots 1-4; Block 19, Lots 1-5; Block 20, Lots 6-10; and
Block 21, Lots 5-8.
Section 2: That the City of Batesville Zoning Map shall be amended to reflect the
description of the Historic District contained in this ordinance.
Section 3: That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: 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.
IT IS SO ORDAINED.
IN WITNESS WHEREOF, we have set our hands this , day of , 2023.
Approved:
ATTEST:
Denise M. Johnston, Clerk
Rick Elumbaugh, Mayor
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2011-12-05 IN
ORDER TO AUTHORIZE THE NET COLLECTIONS OF THE 0.5%
SALES AND USE TAX LEVIED WITHIN THE CITY OF BATESVILLE,
ARKANSAS BY ORDINANCE NO. 2011-12-05 TO BE USED TO PAY
AND SECURE THE REPAYMENT OF BONDS APPROVED BY THE
VOTERS AND ISSUED BY THE CITY FROM TIME TO TIME TO
FINANCE AND REFINANCE ALL OR A PORTION OF THE COSTS
OF CAPITAL IMPROVEMENTS; AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO.
WHEREAS, pursuant to Ordinance No. 2011-12-05, adopted December 27, 2011
("Ordinance No. 2011-12-05"), and an election held on March 13, 2012, the City of Batesville,
Arkansas (the "City") has levied a City-wide 0.5% sales and use tax (the "Tax"); and
WHEREAS, the net collections of the Tax are currently used by the City to pay and secure
the repayment of bonds approved by the voters and issued by the City to finance park and
recreational improvements; and
WHEREAS, the City Council has determined that it would be in the best interest of the
City to issue bonds (the 'Bonds") to refund the City's Sales and Use Tax Bonds, Series 2012 and
to finance additional park and recreational facilities and improvements and any necessary land
acquisition, demolition, furnishings, equipment and parking, lighting, landscaping, street, drainage
and utility improvements related thereto (the "Park and Recreational Improvements") and to secure
the Bonds with a pledge of the net collections of the Tax; and
WHEREAS, it is necessary to amend Ordinance No. 2011-12-05 to change the purposes
for which the net collections of the Tax may be used in order for the Bonds to be secured by such
collections;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville,
Arkansas:
Section 1. The title of Ordinance No. 2011-12-05 is hereby amended to read as
follows:
"AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE-HALF OF
ONE PERCENT (0.5%) SALES AND USE TAX WITHIN THE CITY OF
BATESVILLE, ARKANSAS TO PAY AND SECURE THE
REPAYMENT OF BONDS ISSUED BY THE CITY FROM TIME TO
TIME TO FINANCE AND REFINANCE ALL OR A PORTION OF THE
COSTS OF CAPITAL IMPROVEMENTS; AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO."
Section 2. The WHEREAS clauses of Ordinance No. 2011-12-05 are hereby amended
to read as follows:
"WHEREAS, the City Council of the City of Batesville, Arkansas
(the "City") has determined that the City is in need of a source of revenue
to pay and secure the repayment of bonds approved by the voters and issued
by the City from time to time for the purpose of financing and refinancing
all or a portion of the costs of capital improvements ("Capital Improvement
Bonds"); and
WHEREAS, Title 26, Chapter 75, Subchapter 2 of the Arkansas
Code of 1987 Annotated (the "Authorizing Legislation") provides for the
levy of city-wide sales and use taxes at the rate of 0.125%, 0.25%, 0.5%,
0.75% or 1 %, or any combination thereof; and
WHEREAS, the purpose of this Ordinance is to levy a city-wide
sales and use tax at the rate of 0.5%, the net collections of which will be
used to pay and secure the repayment of Capital improvement Bonds;"
Section 3. Section 1 of Ordinance No. 2011-12-05 is hereby amended to read as
follows:
"Section 1. Under the authority of the Authorizing Legislation, there
is hereby levied a one-half of one percent (0.5%) tax on the gross receipts
from the sale at retail within the City of all items which are subject to the
Arkansas Gross Receipts Act of 1941, as amended (A.C.A. §§26-52-101, et
seq.), and the imposition of an excise (or use) tax on the storage, use,
distribution or other consumption within the City of tangible personal
property subject to the Arkansas Compensating Tax Act of 1949, as
amended (A.C.A. §§26-53-101, et seq.), at a rate of one-half of one percent
(0.5%) of the sale price of the property or, in the case of leases or rentals,
of the lease or rental price (collectively, the "Sales and Use Tax"). The Sales
and Use Tax shall be levied and collected on the gross receipts, gross
proceeds or sales price in the maximum amount allowed from time to time
by Arkansas law, subject to rebates and limitations as from time to time
required by Arkansas statutes for certain single transactions."
Section 4. Section 2 of Ordinance No. 201 1-12-05 is hereby amended to read as
follows:
"Section 2. The Sales and Use Tax shall be levied, and the net
collections received after deduction of the administrative charges of the
State of Arkansas and required rebates shall be used by the City to pay and
secure the repayment of Capital Improvement Bonds and all obligations of
the City with respect thereto; provided, however, that any amounts not
2
necessary to pay in full the Capital Improvement Bonds and all obligations
of the City with respect thereto may be used for any lawful municipal
purpose."
Section 5. Section 3 of Ordinance No. 2011-12-05 is hereby amended to read as
follows:
"Section 3. The Sales and Use Tax shall expire on the first date on which
the Sales and Use Tax can be administratively removed when (a) there are sufficient
funds to pay in full any outstanding Capital Improvement Bonds secured by a pledge
of collections of the Sales and Use Tax and (b) the City Council determines that the
purposes of the Sales and Use Tax cannot be or cannot continue to be fulfilled
because no Capital Improvement Bonds secured by a pledge of collections of the
Sales and Use Tax will be issued in the future."
Section 6. Section 5 of Ordinance No. 2011-12-05 is hereby deleted.
Section 7. The provisions of this Ordinance are hereby declared to be separable, and if
any provision shall for any reason be held illegal or invalid, it shall not affect the validity of the
remainder of this Ordinance.
Section 8. Ordinance No. 201 1-12-05, as amended hereby, shall remain and be in full
force and effect.
PASSED: May___, 2023.
ATTEST:
City Clerk
(SEAL)
APPROVED:
Mayor
CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing
pages are a true and perfect copy of Ordinance No. , passed at a regular session of the
City Council of Batesville, Arkansas, held at the regular meeting place of the City Council at 5:30
o'clock p.m., on the day of May, 2023, and that the Ordinance is of record in Ordinance
Record Book No. , Page , now in my possession.
GIVEN under my hand and seal this day of May, 2023.
(SEAL)
City Clerk
4
ORDINANCE NO.
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF
BATESVILLE, ARKANSAS ON THE QUESTIONS OF ISSUING
BONDS UNDER AMENDMENT NO. 62 TO THE CONSTITUTION OF
THE STATE OF ARKANSAS FOR THE PURPOSE OF FINANCING
AND REFINANCING ALL OR A PORTION OF THE COSTS OF
CAPITAL IMPROVEMENTS; AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO.
WHEREAS, the City Council of the City of Batesville, Arkansas (the "City") has
determined that it would be in the best interest of the City to refund the City's outstanding Sales
and Use Tax Bonds, Series 2012, which financed park and recreational improvements (the
"Refunding"); and
WHEREAS, the City Council has further determined that the City is in need of additional
park and recreational facilities and improvements and any necessary land acquisition, demolition,
furnishings, equipment and parking, lighting, landscaping, street, drainage and utility
improvements related thereto (the "Park and Recreational Improvements"); and
WHEREAS, the City Council proposes to finance all or a portion of the costs of the
Refunding and the Park and Recreational Improvements by the issuance of capital improvement
bonds (the "Bonds") under the authority of Amendment No. 62 to the Constitution of the State of
Arkansas ("Amendment 62") and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of
1987 Annotated (the "Authorizing Legislation") allocated as follows: (1) $12,820,000 in maximum
aggregate principal amount for the Refunding; and (2) $25,985,000 in maximum aggregate
principal amount for the Park and Recreational Improvements; and
WHEREAS, the City Council proposes to retire the Bonds with the net collections of a
0.5% sales and use tax levied within the City by Ordinance No. 2011-12-05, adopted December
27, 2011, as it may be amended from time to time (the "Tax"); and
WHEREAS, in order to provide additional funds to pay or to further secure repayment of
the Bonds, the City may also pledge to the Bonds the net collections of the 0.5% sales and use tax
levied within the City by Ordinance No. 2011-12-03, adopted December 27, 2011; and
WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the
questions of issuing the Bonds for the Refunding and the Park and Recreational Improvements, at
a special election to be called for that purpose;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville,
Arkansas:
Section 1. There is hereby called a special election to be held on August 8, 2023, at
which election there shall be submitted to the electors of the City the questions of issuing the Bonds
under Amendment 62 and the Authorizing Legislation to finance all or a portion of the costs of
accomplishing the Refunding and the Park and Recreational Improvements, in the maximum
aggregate principal amounts described above, to be secured as described above.
Section 2. The questions of issuing the Bonds shall be placed on the ballot for the
election in substantially the following form:
REFUNDING BONDS
Bonds of the City of Batesville in one or more series in the maximum aggregate
principal amount of $12,820,000 for the purpose of refunding the City's Sales and
Use Tax Bonds, Series 2012 and, in order to pay the bonds, the pledge of a 0.5%
local sales and use tax levied within the City by Ordinance No. 2011-12-05, adopted
December 27, 2011, as it may be amended from time to time. In order to provide
additional funds to pay or to further secure repayment of the bonds, the City may
also pledge to the bonds the net collections of a 0.5% sales and use tax levied within
the City by Ordinance No. 2011-12-03, adopted December 27, 2011.
FOR................................................................................................................................ ❑
AGAINST...................................................................................................................... ❑
PARK AND RECREATIONAL IMPROVEMENT BONDS
Bonds of the City of Batesville in one or more series in the maximum aggregate
principal amount of $25,985,000 for the purpose of financing all or a portion of the
costs of park and recreational facilities and improvements and any necessary land
acquisition, demolition, furnishings, equipment and parking, lighting, landscaping,
street, drainage and utility improvements related thereto and, in order to pay the
bonds, the pledge of a 0.5% local sales and use tax levied within the City by
Ordinance No 2011-12-05, adopted December 27, 2011, as it may be amended from
time to time. In order to provide additional funds to pay or to further secure
repayment of the bonds, the City may also pledge to the bonds the net collections
of a 0.5% sales and use tax levied within the City by Ordinance No. 2011-12-03,
adopted December 27, 2011.
FOR................................................................
AGAINST ........................................
..................................................... ❑
..................................................... ❑
Section 3. 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 unless
otherwise provided in the Authorizing Legislation and only qualified voters of the City shall have
the right to vote at the election.
2
Section 4. The results of the election shall be proclaimed by the Mayor, and the
Proclamation shall be published one time in a newspaper having a general circulation in the City,
which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked
in the courts within thirty days after the date of publication.
Section 5. A copy of this Ordinance shall be (a) filed with the Independence County
Clerk at least 70 days prior to the election date and (b) given to the Independence County Board
of Election Commissioners so that the necessary election officials and supplies may be provided.
Section 6. The Mayor and City Clerk, for and on behalf of the City, are hereby
authorized and directed to do any and all things necessary to call and hold the special election as
herein provided and to perform all acts of whatever nature necessary to carry out the authority
conferred by this Ordinance.
Section 7. If any Bonds are approved and issued, the City intends to negotiate with
Crews & Associates, Inc., which has assisted the City in preparation of the Bond size and
repayment structure, for the sale of the Bonds.
Section 8. All ordinances and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
PASSED: May _, 2023.
ATTEST:
City Clerk
(SEAL)
APPROVED:
Mayor
3
CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing
pages are a true and perfect copy of Ordinance No. , passed at a regular session of the
City Council of Batesville, Arkansas, held at the regular meeting place of the City Council at 5:30
o'clock p.m., on the day of May, 2023, and that the Ordinance is of record in Ordinance
Record Book No. , Page , now in my possession.
GIVEN under my hand and seal this day of May, 2023.
(SEAL)
City Clerk
4
ORDINANCE NO.
AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF
BATESVILLE, ARKANSAS ON THE QUESTION OF ISSUING
BONDS UNDER AMENDMENT NO. 62 TO THE CONSTITUTION OF
THE STATE OF ARKANSAS FOR THE PURPOSE OF FINANCING
ALL OR A PORTION THE COSTS OF CAPITAL IMPROVEMENTS;
LEVYING A ONE PERCENT (I %) SALES AND USE TAX TO
COMMENCE ON APRIL 1, 2024 FOR THE PURPOSE OF RETIRING
SUCH BONDS; AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO.
WHEREAS, the City Council of the City of Batesville, Arkansas (the "City") has
determined that the City is in need of extensions, betterments and improvements to the City's water
system and any necessary demolition related thereto (the "Water Improvements"); and
WHEREAS, the City Council proposes to finance all or a portion of the costs of the Water
Improvements by the issuance of capital improvement bonds (the "Bonds") in one or more series
in the maximum aggregate principal amount of $110,000,000 under the authority of Amendment
No. 62 to the Constitution of the State of Arkansas ("Amendment 62") and Title 14, Chapter 164,
Subchapter 3 of the Arkansas Code of 1987 Annotated (the "Authorizing Legislation"); and
WHEREAS, the Authorizing Legislation provides for the levy of one or more city-wide
sales and use taxes at the rate of 0.125%, 0.25%, 0.5%, 0.75% or 1 % or any combination thereof,
but not to exceed 1 % in the aggregate; and
WHEREAS, the City can pay the principal of and interest on the Bonds from the proceeds
of a City-wide 1 % sales and use tax to be levied under the authority of the Authorizing Legislation;
and
WHEREAS, pursuant to a special election held on March 10, 2009, the City has issued its
Sales and Use Tax Bonds, Series 2010, Series 2011, Series 2013 and Series 2015; and
WHEREAS, the City's Sales and Use Tax Bonds, Series 2010, Series 2011 and Series 2013
have been paid in full; and
WHEREAS, the City's Sales and Use Tax Bonds, Series 2015 (the "Outstanding Bonds")
are secured by and payable from collections of a 1 % City-wide sales and use tax levied under the
authority of the Authorizing Legislation and pursuant to Ordinance No. 2009-1-1 of the City
adopted on January 13, 2009 (the "Existing Tax"); and
WHEREAS, the Existing Tax will expire after the Outstanding Bonds have been paid or
provision has been made therefor; and
WHEREAS, the Existing Tax is expected to be terminated no later than April 1, 2024; and
WHEREAS, the City Council intends for the 1 % sales and use tax levied by this Ordinance
to become effective on April 1, 2024; and
WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the
question of issuing the Bonds under Amendment 62 and the Authorizing Legislation at a special
election to be called for that purpose and to levy a sales and use tax at the rate of one percent (1 %)
on the receipts from the sales at retail within the City of all items which are subject to taxation
under the Arkansas Gross Receipts Act of 1941, as amended (A.C.A. §§26-52-101, et seq.), and
the receipts from storing, using, distributing or consuming within the City tangible personal
property under the Arkansas Compensating Tax Act of 1949, as amended (A.C.A. §§26-53-101,
et seq.) (collectively, the "Sales and Use Tax");
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Batesville,
Arkansas:
Section 1. There is hereby called a special election to be held on August 8, 2023, at
which election there shall be submitted to the electors of the City the question of issuing the Bonds
under Amendment 62 and the Authorizing Legislation to pay all or a portion of the costs of the
Water Improvements in the maximum aggregate principal amount described above, to be payable
from collections of the Sales and Use Tax remaining after deduction of the administrative charges
of the State of Arkansas and required rebates.
Section 2. In order to provide for the payment of the principal of and interest on the
Bonds and all obligations of the City in connection therewith, there is hereby levied the Sales and
Use Tax. The levy of the Sales and Use Tax shall not become effective until the special election
called in Section 1 above has been held and the issuance of the Bonds is approved by the voters.
The effective date of the Sales and Use Tax will be April 1, 2024. The Sales and Use Tax shall be
levied and collected on the gross receipts, gross proceeds or sales price in the maximum amount
allowed from time to time by Arkansas law, subject to rebates and limitations as from time to time
required by Arkansas statutes for certain single transactions.
Section 3. The question of issuing the Bonds shall be placed on the ballot for the
election in substantially the following form:
WATER IMPROVEMENT BONDS
Bonds of the City of Batesville in one or more series in the maximum aggregate
principal amount of $110,000,000 for the purpose of financing all or a portion of
the costs of acquiring, constructing and equipping extensions, betterments and
improvements to the City's water system and any necessary demolition related
thereto and, in order to pay the bonds, the levy and pledge of a 1 % local sales and
use tax within the City.
If the bonds are approved, there will be levied within the City a 1 % sales and use
tax, the net collections of which remaining after deduction of the administrative
charges of the State of Arkansas and required rebates, will be used solely to retire
the bonds and obligations of the City with respect thereto. The effective date of the
1% sales and use tax will be April 1, 2024. The 1% sales and use tax will expire
after the bonds have been paid or provision is made therefor in accordance with
Arkansas statutes.
FOR.....................................................................
AGAINST...................................................................................................................... ❑
Section 4. 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 unless
otherwise provided in the Authorizing Legislation and only qualified voters of the City shall have
the right to vote at the election.
Section 5. The results of the election shall be proclaimed by the Mayor, and the
Proclamation shall be published one time in a newspaper having a general circulation in the City,
which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked
in the courts within thirty days after the date of publication.
Section 6. A copy of this Ordinance shall (a) be filed with the Independence County
Clerk at least 70 days prior to the date of the special election and (b) be given to the Independence
County Board of Election Commissioners so that the necessary election officials and supplies may
be provided. A certified copy of this Ordinance shall also be provided to the Commissioner of
Revenues of the State of Arkansas as soon as practical.
Section 7. The Mayor and City Clerk, for and on behalf of the City, are hereby
authorized and directed to do any and all things necessary to call and hold the special election as
herein provided and, if the issuance of the Bonds is approved by the electors, to cause the Sales
and Use Tax to be collected in accordance with the Authorizing Legislation, and to perform all
acts of whatever nature necessary to carry out the authority conferred by this Ordinance.
Section 8. All ordinances and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
PASSED: May , 2023.
ATTEST:
City Clerk
(SEAL)
APPROVED:
Mayor
CERTIFICATE
The undersigned, City Clerk of Batesville, Arkansas hereby certifies that the foregoing
pages are a true and perfect copy of Ordinance No. , passed at a session of
the City Council of Batesville, Arkansas, held at the regular meeting place of the City Council at
5:30 o'clock p.m., on the day of May, 2023, and that the Ordinance is of record in Ordinance
Record Book No. , Page now in my possession.
GIVEN under my hand and seal this day of May, 2023.
City Clerk
(SEAL)