HomeMy WebLinkAbout2003-10-01 CITY OF BATESVILLE,ARKANSAS
ORDINANCE NO.47
AN ORDINANCE CREATING A PUBLIC FACILITIES BOARD;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS,that:
Section 1. In accordance with and pursuant to the authority conferred by the Public Facilities
Boards Act, Ark. Code Ann (1998 Repl. & 2003 Supp.) §§ 14-137-101 to —123, there is hereby
created and established a public facilities board (hereinafter referred to as the "Board") with
authority as hereinafter provided to deal in or dispose of the facilities identified in the Public
Facilities Boards Act.
Section 2. The name of the Board shall be "City of Batesville, Arkansas Public Facilities
Board".
Section 3. The initial members of the Board shall be appointed by the Mayor pursuant to
Ark. Code Ann. (Supp. 2003) § 14-137-108. Each member shall take and file with the City Clerk
• the Oath of Office prescribed by the Public Facilities Boards Act.
Section 4. The Board is empowered, from time to time, to own, acquire, construct,
reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or
otherwise deal in or dispose of health care facilities, emergency medical health care facilities,
residential housing facilities, off-street parking facilities, recreational and tourist facilities,
waterworks facilities, sewer facilities, facilities for securing or developing industry, energy
facilities, hydroelectric power projects, education facilities, other capital improvement facilities,
or any combination of such facilities, as such facilities are defined in the Public Facilities Boards
Act, or any interest in such facilities including, without limitation, leasehold interests in and
mortgages on such facilities.
Section 5. The Board is authorized to issue revenue bonds from time to time and to use the
proceeds, either alone or together with other available funds and revenues, to accomplish the
purposes for which the Board is created. Such revenue bonds shall be obligations only of the
Board and shall not constitute an indebtedness for which the faith and credit of the City or any of
its revenues are pledged, and the principal of and interest on the bonds shall be payable from and
secured by a pledge of revenues, obligations, and other funds or sources of funds as authorized
by and in accordance with the provisions of the Public Facilities Boards Act.
Section 6. The Board shall have all the powers provided in the Public Facilities Boards Act,
subject to the provisions of this Ordinance, and shall carry out its duties in accordance with the
Public Facilities Boards Act, including specifically, without limitation, the filing of the annual
Oreport required by Ark. Code Ann. (Repl. 1998) § 14-137-123.
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Section 7. If any provision of this Ordinance shall for any reason be held illegal or invalid,
the invalidity of such provision shall not affect the validity of the remaining provisions of this
Ordinance.
Section 8. All Ordinances of the City Council of the City, or parts thereof, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 9. It is hereby ascertained and declared that there is an immediate and urgent need
for providing financial assistance for health care facilities, emergency medical health care
facilities, residential housing facilities, off-street parking facilities, recreational and tourist
facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry,
energy facilities, hydroelectric power projects, education facilities, other capital improvement
facilities in the City of Batesville in order to protect the health, lives, and property of the
inhabitants of the City; therefore, an emergency exists, and this Ordinance, being necessary for
the preservation of the public peace, health, and safety, shall take effect and be in force
immediately upon and after its passage.
ADOPTED: 2003.
APPROVED:
Mayor
ATTEST:
LM-31U
City Clerk
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