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HomeMy WebLinkAbout2004-09-01 • . ORDINANCE NO. r� 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 AMENDING ORDINANCE NO.20044-1 WHICH WAS 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. WHEREAS, the public facilities board should be limited in its powers granted to it in order to carryout the purposes for which the board was established, and therefore this amendment is necessary to limit the authority of the board as set forth in Section VI(e)and(f), and this is the purpose of this Amendment. 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,fmance,contract and concerning and otherwise dispose of and deal with recreational and tourist facilities to be operated by the board. 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 confum the two members who must be residents of Independence County. • 4 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. 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 fust 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 teems 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) (W 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 mamter,The duties of secretary and treasurer may be perforated 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 secre.tary of the board shall keep a record of the proceedings of the board and shall be custodian of all books,documents,and papers tiled with the board and of the minute book or journal of the board and of its official seal. (f J. 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. 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. (e) The initial funds to be used by the board are those funds derived from THE BATESVILLE RECREATION FACILITIES TEMPORARY ONE HALF PERCENT(1/2%) MUNICIPAL SALES AND USE TAX a tax of one-half of one percent(1/2 of 1%)on the gross receipts from the sale at retail within the city of all items which are subject to the 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, f 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 percent(1/2 of 1%)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 collected only on the first$2500 for each single transaction(Single transaction shall be defined according to the nature of the goods purchased as follows:A. When two or more devices in which,upon which,or by which any person or property is or may be transported or drawn including but not limited to on-road vehicles,whether required to be licensed or not,off-road vehicles,farm vehicles,airplanes,water vessels,motor vehicles,or non-motorized vehicles,and mobile homes,are sold to a person by a seller each individual vehicle whether part of a fleet or not,shall be treated as a single transaction for the purpose of the Sales and Use Tax,B. The charges for utility services,which are subject to the Sales and Use Tax,and which are furnished on a continuous service basis,whether such services are paid daily,weekly,monthly or annually,for the purposes of the Sales and Use Tax.shall be computed in daily increments,and each such daily charge increment shall be considered to be a single transaction for the purposes of the Sales and Use Tax; C.For sales of building materials and supplies to contractors, 0 builders or other persons,a single transacti,.n,for the purposes of the Sales and Use Tax,shall be deemed to be any single sale which is reflected on a single invoice,receipt or statement,on which an aggregate sales(or use)tax figure has been reported and remitted to the State of Arkansas; D. When two or more items of major household appliances,commercial appliances, major equipment and machinery are sold,each individual unit shall be treated as a single transaction for the purposes of the Sales and Use Tax; E. For groceries,drug items,dry goods and other tangible personal property and/or services not otherwise expressly covered in this Section,a single transaction shall be deemed to be any single sale which is reflected on a single invoice,receipt or statement,on which an aggregate sales tax figure has been reported and remitted to the State of Arkansas). This levy is to be collected for no more than ten years and shall be collected,reported,and paid in the same manner and at the same time as is prescribed by law for the collection,reporting and payment of all other Arkansas gross receipts taxes and is to be collected for only such time as is needed to finance the land cost,the construction and equipment costs,one year of facilities operations and maintenance cost,and the cost of funding a fifteen percent of total construction and fixed equipment cost perpetual maintenance endowment for the outdoor and the indoor/outdoor recreation facilities which are described in the published and presented campaign literature and graphics.The Batesville Recreation Facilities Board will administer the funds for this project. Costs for maintenance,operations,and insurance shall be funded by the following means:grants from governmental entities,individuals, foundations and businesses;from fundraising efforts and donations,from event revenues, from rent and services,from individual,family,and program user fees. (f).The Batesville Recreation Facilities Board shall receive and administer the funds from this levy,THE BATESVILLE RECREATION FACILITIES TEMPORARY ONE HALF PERCENT(1/2%) MUNICIPAL SALES AND the board's powers shall be limited to the following: (f) 1.That the Batesville Recreation Facilities Board operates with the authority granted and responsibility demanded of public facilities board by Act t42 of 1975 of the Acts of Arkansas; 2. That the Board accomplish the final design,the land procurement,and the construction of the facilities,and with the collected tax revenues,fund the purchase of Luster Island,fund construction costs,and facility equipment costs,fund one year of maintenance and operations costs,and that it establish a perpetual maintenance endowment fund equaling fifteen percent of the facilities buildings and fixed equipment costs to be used for perpetual maintenance or replacement of fixed equipment and (W buildings; 3. That a director with educational qualifications and experience as a recreation program and facilities manager,will, with the help of a qualified staff and volunteers from the community,operate the facilities,and that the Board with the help of the staff and volunteers,act to shorten the time of tax collection by securing grants,and contributions from individuals, businesses,public foundations,and governmental entities; 4. That the Board derive maintenance and operations expenses from funds appropriated by Independence County and the City of Batesville,by securing sponsorships from individuals and businesses,by obtaining grants from foundations and governmental entities,by sponsoring community fundraising efforts,from memberships,from event and feature use revenues, and from individual,family,and program user fees; 5. That the Board build an outdoor facility on Luster island which includes the features designed for ICYAA recreation programs in baseball,softball,and soccer,which is a desirable venue for attracting economy boosting and revenue producing district,regional,state,and invitational tournaments,which supports community enjoyment of outdoor activities including,but not limited to picnicking,walking,running,cycling,all forms of skating,horticulture,fishing,and outdoor games,and which has other features including,but not limited to,paved parking,shelters,fishing docks,restrooms,concessions,perimeter fencing,a five kilometer running track,and playground equipment; 6. That flood damage control measures designed by Fisher and Arnold,a Memphis based architectural-engineering firm be implemented so the site's occasional flooding will pose only minor and temporary inconveniences,that the Board construct, equip,and operate an RV Park adjacent to the complex,that the personnel operating it be also charged to provide 24/7 video and personal security for the outdoor facility;and also that the Board agree to operate the North Recreation Complex when the new outdoor facility is operational if the American Legion program,the adult softball program,and the city so desire; 7. That the Board build and operate an indoor/outdoor facility(community center)which features an eight lane,twenty- five meter swimming pool which supports lap swimming,family recreational swimming,youth recreational swimming,and the ICYAA Swim Program practice and meets,a heated zero entry pool or pool wing designed for adult water aerobics, rehabilitative aqua therapy and swim lessons,a kiddy pool,and an outdoor water spray park which in combination with the indoor features will adequately replace our city pools; ® 8. That the L»iilding house a multi-purpose room(gymnasium)be included which is lined and equipped to concurrently support two adult or four youth basketball or volleyball games and practices,which supports large community events,and which has locker and storage areas available; 9. That the building house a wide,safe,and free to the public indoor walking track;a state of the art exercise equipment facility for both cardiovascular fitness and strength training,two rooms for exercise,wellness,physical activity,and physical education programs,two community rooms with storage areas and kitchen facilities for meetings of community groups and also adequate offices for the Board statf, 10. That the building house a child care facility,a game room,a computer room,a lending library area,an all weather outdoor sports practice area,two racquetball courts,a theater/lecture-hall,a sauna,public rest rooms,rental lockers(day and long term),shower and change rooms,and adequate parking; 11. That the administrator,stag and volunteers be charged to provide inexpensive community recreation,health,and wellness programs inside and outside of the buildings;that the facilities be designed to prevent vandalism and insure user safety,and also that policies will be enacted that insure behavior by patrons which either consciously or unconsciously violates the right of others to use the facilities will not be tolerated; 12. That the Board plan,construct,operate,and maintain all of the facilities in a manner which fosters community pride in the buildings,grounds,programs,and services. Section 7. Severability If any provisions of this ordinance or the application thereof,to any person or circumstances 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 serverable. 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. Section 9. EMERGENCY CLAUSE It being necessary that this ordinance be effective immediately in order for the vote on the Y.cent city wide sales tag which has been placed on the ballot for November 2,2004, be made by a knowledgeable electorate to fully understand the use and purposes of the funds to be provided, it is deemed to be in the best interest of the public peace,welfare and safety that an emergency is declared,and this ordinance shall be in full force and effect from and after its passage. PASSED - 2004. APPROVED: ATTEST: C'jc� dint-