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HomeMy WebLinkAbout2023-05-23-AGENDARick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney HIS "I ORIC FRFASURF �S ; �Rk /�s AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 COUNCILMEMBERS Brittany Bennett Thomas Bryant Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole May 23, 2023 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 A) Second reading of 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 B) Second reading of 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. C) Second reading of 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. D) Second reading of an ordinance to amend the properties included in the Batesville Commercial Historic District 8. NEW BUSINESS A) Consider a resolution to call for a special election to be held on August 8, 2023 to refer to the voters for approval or rejection of Ordinance 2023-05-02 B) Check presentation from Ms. Haley Stephens on behalf of All Hands On Deck C) Consider a resolution expressing the willingness of the City of Batesville to utilize Federal Aid Transportation Alternatives Program. D) Executive Session 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT "City of Hospitality" ORDINANCE NO.2023-05-02 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. 2011-12-05 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. 2011-12-05, as amended hereby, shall remain and be in full force and effect. PASSED: May 23, 2023. ATTEST: City Clerk (SEAL) APPROVED: Mayor ki CERTIFICATE The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No. 2023-05-02, 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 23rd 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 23rd day of May, 2023. (SEAL) City Clerk El ORDINANCE NO.2023-05-03 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. 201 1-12-05, 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. 201 1-12-03, 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. Oa 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 23, 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. 2023-05-03, 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 23rd 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 23rd day of May, 2023. (SEAL) City Clerk 4 ORDINANCE NO.2023-05-04 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 (1%) 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: PA 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 I % 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. 3 PASSED: May 23, 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. 2023-05-04, 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 23rd 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 23rd day of May, 2023. City Clerk (SEAL) 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 co W c M a M N N. BROAD M 1 N S. 5 TH ST. M N R q M ST VUn tc ti co I � — _1-1 —r__ S. BR AD ST. co co 0 'n rwn � 0 U � m "' o I O S. CENTRAL AVE. LU J EST.JO w m U Ln C` 7 co cu p o RESOLUTION NO.2023-05-01 R WHEREAS, the City Council of the City of Batesville, Arkansas (the "City") has adopted Ordinance No. 2023-05-02 on May 23, 2023 ("Ordinance No. 2023-05-02"); and WHEREAS, the City Council desires to refer Ordinance No. 2023-05-02 to the voters for approval or rejection; NOW, THEREFORE, BE IT RESOLVED 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 whether Ordinance No. 2023-05-02 shall be approved or rejected. Section 2. The question of approving or rejecting Ordinance No. 2023-05-02 shall be placed on the ballot in substantially the following form: ORDINANCE NO.2023-05-02 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. FOROrdinance No. 2023-05-02.................................................................................... ❑ AGAINST Ordinance No. 2023-05-02 0 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 and only qualified voters of the City shall have the right to vote at the election. 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 Resolution 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. PASSED: May 23, 2023. ATTEST: City Clerk (SEAL) APPROVED: Mayor 2 CERTIFICATE The undersigned, City Clerk of Batesville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Resolution No. 2023-05-01 R, 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 23rd day of May, 2023. GIVEN under my hand and seal this 23rd day of May, 2023. (SEAL) City Clerk 3 RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF BATESVILLE TO UTILIZE FEDERAL -AID TRANSPORTATION ALTERNATIVES PROGRAM OR RECREATIONAL TRAILS PROGRAM FUNDS WHEREAS, the City of Batesville understands Federal -aid Transportation Alternatives Program Funds are available at 80% federal participation and 20% local match to develop or improve the Batesville Greenway Project, and WHEREAS, the City of Batesville understands that Federal -aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement, and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project. NOW THEREFORE, BE IT RESOLVED BY Batesville's City Council THAT: SECTION I: The City of Batesville will participate in accordance with its designated responsibility, including maintenance of this project. SECTION II: Mayor Rick Elumbaugh is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated project. SECTION III: Batesville's City Council pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of ATTEST: Signed: Denise M. Johnston, City Clerk Mayor Rick Elumbaugh 2023.