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HomeMy WebLinkAbout2004-04-01 1 2� ORDINANCE NO. 2004-4-1 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, COUNTY OF INDEPENDENCE, STATE OF ARKANSAS;AN ORDINANCE TO BE ENTITLED: AN ORDINANCE ESTABLISHING "THE BATESVILLE RECREATIONAL FACILITIES BOARD" A PUBLIC FACILITIES BOARD EMPOWERED TO ACT PURSUANT TO THE PROVISIONS OF ACT 14 2 OF 1975 OF THE ACTS OF ARKANSAS, AND PRESCRIBING OTHER MATTERS RELATING THERETO,AND DESCRIBING AN EMERGENCY WHEREAS, Batesville,Arkansas(the"municipality") pursuant to the provisions of Act 142 of the Acts of the General Assembly of the State of Arkansas for the year 1975, as amended(the"Act"), is authorized to establish public facilities boards for the purposes set forth in the Act which includes recreational and tourist facilities. WHEREAS, municipalities can be more responsive to the service needs of the people through the reorganization of government into departments, boards, and subordinate service districts which are consistent in their organization and assignment of duties, responsibilities, and authorities; and. WHEREAS,the citizenry and leadership of Batesville and Independence County have an expressed need for more, more convenient, better maintained, and more comprehensive recreational and tourist facilities within the county; and, WHEREAS municipalities may have cause to provide recreational and tourist facilities to abate this need; and, WHEREAS,the planning, construction, administration, and operation of such facilities would place an untenable burden upon the present resources of this municipalities' leadership, administration, and workforce, and, WHEREAS, a public facilities board may obtain funds on such terms and under such conditions that it will materially assist in obtaining financing under conditions more favorable than would otherwise be available. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE,ARKANSAS Section 1. Creation There is hereby created the Batesville Recreational Facilities Board, a public facilities board empowered to act pursuant to the provisions of Act 142 of 1975 of the Acts of Arkansas,with authority as hereinafter provided to accomplish,finance, contract and concerning and otherwise dispose of and deal with recreational and tourist facilities to be operated by the board. I Section 2. Members of the Board (a).1. The initial members of the board shall consist of five(5) persons who must be residents of Batesville and two(2)persons who must be residents of Independence County. 2. The Batesville Mayor will appoint the five initial members who must be residents of Batesville and the Independence County Judge will appoint the two initial members who must be residents of Independence County. 3. The Batesville City Council must confirm the initial members who must be residents of Batesville and the Independence County Quorum Court must confirm the two members who must be residents of Independence County. 4. The five initial members who must be residents of Batesville shall serve for terms of one(1),two (2),three(3),four(4)and five(5)years and may succeed themselves and the two initial members who must be residents of Independence County shall serve for two(2)and three(3)three year terms and may succeed themselves. 5. The Batesville Mayor may apportion the terms to initial members who must reside in Batesville at appointment, if he does not, one of the first official actions of the board will be to apportion the initial terms, either by agreement of the board, or by drawing lots. . 2 6. The Independence County Judge may apportion the terms of the two initial members who must reside in Independence County at appointment, if he does not, one of the first official actions of the board will be to apportion the initial terms, either by agreement of the board or by drawing lots. (b).1. Successor members,those members having been appointed and confirmed, and whose term has expired may and shall succeed themselves for terms up to five years. Members shall serve ad infinitum unless removed by the process, resign,expire, or by vote of the board it is determined that he/she can no longer fulfill the duties and responsibilities of a board member. (b).2. New members, those replacing initial or replacement members, shall be appointed and confirmed by the Batesville Mayor and the Batesville City Council and by the Independence County Judge and Independence County Quorum Court depending upon which position is vacant. Appointments may be made for terms up to five years. Section 3. Purpose of the Board The purpose of the board is to bring benefit to the citizens of this city and others by utilizing the special provisions accorded a public facilities board to own, acquire, construct, reconstruct,extend,equip, improve, operate, maintain, sell, lease, and contract concerning`recreational and tourist facilities", including any combination of such facilities, or any interest in such facilities including,without limitation, leasehold interests in and mortgages on such facilities according to the provisions of Arkansas Code(14-137-106) Section 4. Responsibilities of the Board (a). This public facilities board shall meet upon the call of its chairperson, or a majority of its members and at such times as may be specified in its bylaws for regular meetings (b). In the event of a vacancy in the membership of the board, however caused, a majority of the board shall elect a successor member to serve for up to one year by which time the same procedure for appointing and confirming initial members must be implemented. Section 5. Responsibilities of the Board Members (a). Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board his oath of office in which he shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas and to discharge faithfully his duties in the manner provided by law. (b). The members of each public facilities board shall meet and organize by electing one(1)of their number as chairman, one(1) as vice chairman, one(1)as secretary, and one as treasurer, and such officers shall be elected annually thereafter in like manner, The duties of secretary and treasurer may be performed by the same member. (c). Each member shall serve until a successor is elected and qualified. (d). The members of the board shall serve without compensation, but may recover funds for reasonable and necessary expenses incurred in the performance of their duties on submission and approval of a voucher of reimbursement by the board treasurer. (e). The secretary of the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the board and of the minute book or journal of the board and of its official seal. (f). The secretary may cause copies to be made of all minutes and other records and documents of the board. He may give certificates under the official seal of the board to the effect that the copies are true copies, and all persons dealing with the board may rely upon the certificates. I 3 Section 6. Powers of the Board (a). The powers granted to the board are those authorized by and in accordance with the provisions of Act 142 of 1975 and codified in Arkansas Code Chapter 137"the public facility boards act", as regards" recreation and tourist facilities"if not limited by this ordinance or future ordinances of Batesville,Arkansas. (b). This public facilities board is authorized and empowered as follows: have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business; adopt an official seal and alter it at pleasure; maintain an office at such place in the municipality creating the board as it may designate, sue and be sued in its own name;fix, charge, and collect rents, fees, and charges for the use of any public facilities project; appoint an executive director who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board, employ and pay compensation to such employees and agents, including attorneys, consulting engineers, architects, surveyors, accountants,financial experts, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; accomplish public facility projects as authorized by this chapter and the ordinance creating the board; do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the powers mentioned in this section; lend money, directly or indirectly,for the financing of the construction, acquisition, and equipment of all or a portion of a public facilities project; invest money, including a major portion of the proceeds of any issue of bonds for the term of the bonds or a shorter period, in consideration of a contract to make payment or payments to provide for the payment of the principal, premium, if any, and interest on the bonds when due; do any and all other things necessary or convenient to accomplish the purposes of this chapter and hereafter, when purchasing or selling real or personal property and shall be subject to the bidding and appraisal requirements that apply to the county or city which created the board. (c). This public facilities board may accept a transfer, by sale, lease, or gift, facilities for a public facilities project, or any portion thereof, including a project site that the county or municipality received by gift, purchase, lease, or condemnation when authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law, and may transfer land to the Arkansas State Game and Fish Commission with or without compensation, provided that the Arkansas State Game and Fish Commission agrees to develop a wildlife management area or to construct, stock, and/or maintain a public fishing lake thereon. (d). This public facilities board is authorized to use any available funds and revenues for the accomplishment of all or a portion of public facility projects and may issue bonds for the accomplishment of all or a portion of public facility projects,either alone or together with other available funds and revenues. Section 7. Severability If any provisions of this ordinance or the application thereof,to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. Section 8. General Repeal All ordinances of the city or parts thereof, in conflict with this ordinance are hereby repealed to the extent of the conflict. PASSED O200Y APPROVED: ATTEST: J�