HomeMy WebLinkAbout2006-09-02 ORDINANCE NO. (SCJ(p--9-a
AN ORDINANCE DETERMINING THAT THE COST OF
ACQUIRING SHIELDED LIGHTING FIXTURES IS PROHIBITIVE
WHEREAS, Act 1963 of 2005, as amended by Act 11 of 2006 (1"Ex. Sess), enacted the
Shielded Outdoor Lighting Act, § 8-14-10 through 8-14-104 of the Arkansas Code Annotated
(hereinafter, "the Act,")
WHEREAS,the Act provides that public funds shall not be used to install an outdoor lighting
fixture that is not shielded, and
WHEREAS,the Act further provides that said prohibition shall not apply to any municipality or
county if the governing body of the municipality or county determines by ordinance that the cost
of acquiring a shielded outdoor lighting fixture will be prohibitive after comparing (i)the cost of
the fixtures and (ii)the projected energy cost of the operation of the fixtures;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE,
ARKANSAS,
SECTION 1. The city council finds that, in consideration that our annual cost is approximately
(W $85,000 and the additional cost would probably be in the range of 25%to 301/o,this would
perhaps take away funds from other needed programs of the city.
SECTION 2. The city council hereby determines that the cost of acquiring shielded outdoor
lighting fixtures will be cost prohibitive.
SECTION 3. The City of Batesville hereby expressly intends to avail itself of the exemption
from the requirements of the Act pertaining to the purchase of shielded outdoor lighting fixtures.
SECTION 4. The City Council hereby finds that, unless thus ordinance goes into effect
immediately, the City will be subject to prohibitive costs for shielded lighting fixtures to the
detriment of the public welfare and that an emergency is hereby declared to exist such that this
ordinance will take effect immediately upon passage.
Passed this 126`day of September, 2006.
oe M. Biard
Mayor
ATTEST:
O,G vi
Denise M. Johnston
City Clerk