HomeMy WebLinkAbout2014-10-02-R ` 3
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RESOLUTION NO. 2014- --
�r CITY OF BATESVILLE, ARKANSAS
A RESOLUTION OPPOSING THE PETITION FOR INCORPORATION
FILED BY RESIDENTS OF THE AREA KNOWN AS SOU HSIDE
WHEREAS, the City of Batesville, Arkansas, adopted Ordinance N . 2014-08-01 on
August 25, 2014;
WHEREAS, Ordinance No. 2014-08-01 submitted a question of arm exation of certain
territory to voters during the upcoming general election on November 4, 2014;
WHEREAS, residents of a portion of the territory contemplated in C rdinance No. 2014-
08-01 filed a Petition for Incorporation on September 22, 2014; and
WHEREAS, a hearing on the Petition for Incorporation is scheduled to take place before
the Independence County Judge Robert Griffin on October 24, 2014.
NOW, THEREFORE, BE IT RESOLVED by the City Council of thCity of Batesville,
Arkansas:
Section 1. That the Petition for Incorporation has not been filed for ihe purpose of
creating the State's 5015`city,but rather solely to nullify election results with respect to the
upcoming annexation question;
Section 2. That a proposed city created pursuant to the Petition for ficorporation would
be a legal fiction, in effect using the State's incorporation statutes to circumvent the requirements
set forth in the State's annexation statutes.
Section 3. The Petitioners admitted their intent not to create a genuine municipality by
openly assuring residents that nothing will change, and the Petitioners tacitly agreed to allow
Independence County to receive any state allocated funds payable to the new town in exchange
for continued County services with respect to roads, trash pickup, and policc protection.
Section 4. That the City of Batesville, Arkansas, hereby announces its opposition to the
Petition for Incorporation and prays that it be denied and dismissed so the v ters may properly
decide the issue of annexation in accordance with Arkansas law.
ADOPTED THIS 14°d DAY OF October, 2014.
APPROVED:
RICBAUG , MAYOR
ATTEST:
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DENISE JOHNSTON, ITY CLERK
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