HomeMy WebLinkAboutOrdinance 2388 FILED FOR RECORD '77 OCT 27 PH Z 16 ORDINANCE NO . 0?3$ _ WASHINGTON COUNTY ARKANSAS ALMA KOLLMEYER AN ORDINANi ft CALLING A SPECIAL E1 WUffC4E% THE CITY OF FAYETTEVILLE , ARKANSAS , ON THE QUESTION OF ISSUING BONDS UNDER A21ENDIIEN^1 NO . 13 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR TIIE PURPOSE OF FINAL?CING THE COST OF CONSTRUCTING AN EXPANSION TO THE CITY LIBRARY ; ACQUIRING A SITE OR SITES FOR AND CONSTRUCTIIIG AND EQUIPPING THE CITY ' S I PARKS INCLUDING CONSTRUCTING AND EQUIPPING tJ SOFTBALL =_ iD FOOTBALL =' IELDS , PIC :iT_ C SI -- TERS AND FACILITIES , ALL WITH APPROPRIAT% FIXTURES AND APPURTENANCES ; PRESCRIBING OTHER 14ATTERS RELATING THERETO ; AND DECLARING AN EvIERGENCY . WHEREAS , the City of Fayetteville , Arkansas ( the " Cite " ) , is a city of the first class ; and WHEREAS , it has been determined that the following improvements are needed : ( 1 ) The construction of an expansion to the City Library , at an estimated cost to the City of $ 200 , 000 ; and ( 2 ) The acquisition of a site or sites for and constructing and equipping the City ' s parks including constructing and equipping softball and football fields , picnic shelters and facilities , all with appropriate fixtures and appurtenances , at an estimated cost to the Citv of $ 600 , 000 ; which estimates include expenses of authorizing and issuing bonds ; and WHEREAS , the purpose of this Ordinance is to submit to the electors of the City the question of issui n - Genera -1 Cbl i -c� = On Improvement Bonds under Amendment No . 13 to the Constitution of the State of Arkansas for financing the proposed improvem=nts ; NOW , THEREFORE , BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That there is hereby called a Special Election for November 29 , 1977 , at which there shall be submitted to the electors the question of issuing General Obligation Improvement Bonds under Arendment _`i0 . 13 to the Constitution of the Stag of Arkansas in the principal amount of $ 800 , 000 ( the " Bonds " ) . MICROFILMED ® 942 910 DATE OCT REEL 1 � < < Section 2 . That the bonds shall - be dated January 1 , 1978 , shall bear interest at the lowest rate or rates obtainable at public sale , interest shall be payable on January 1 , 1979 and semiannually thereafter on July 1 and January 1 of each year , The bonds shall mature on January 1 of each year as follows , but shall be callable for payment prior to maturity upon such terms as the Board of Directors shall determine and specify in the Notice of Public Sale of the bonds : YEAR Ai•IOUNT 1981 50 , 000 1982 50 , 000 1933 55 , 000 1984 60 , 000 1985 60 , 000 1986 65 , 000 1987 70 , 000 1988 70 , 000 1989 75 , 000 1990 80 , 000 1991 80 , 000 1992 85 , 000 If the bonds for only one of the purposes ate approved , there will be an appropriate reduction in the principal amounts in the above schedule , At the discretion of the Board of Directors , the bonds may be sold and delivered in series as funds are needed upon such terms and pursuaat to such conditions as the Board of Directors .may specify in the ordinance authorizing the issuance of a particular series . The various series may bear interest at different rates . Section 3 . That the questions shall be placed on the ballot for the special election in substantially the following form : ® 942 91f Dote on measure by placing an " x " in the square opposite the measure either for or against : FOR an issue of bonds in the amount of $ 200 , 000 for the construction of an expansion to the City _ Library . . . . . . . . - . . AGAINST an issue of bonds in the amount of $ 200 , 000 for the construction of an expansion to the City Library . FOR an issue of bonds in the amount of . $ 600 , 000 for the acquisition of a site or sites for and constructing and equipping the City ' s parks in- cluding constructing and equipping sortball and football fields , picnic shelters and facilities , all with appropriate fixtures and appurtenances AGAINST an issue of bonds in the amount of $ 600 , 000 for the acquisition of a site or sites for and constructing and equipping the City ' s parks including constructing and equipping softball and football fields , picnic shelters . and facilities , all with appropriate fixtures and appurtenances . . . . . If bonds for both of the above set forth purposes are . approved by the electors , they will be combined into one issue of $ 800 , 000 in principal amount of General Obligation Improvement Bonds ( the " bonds " ) under the provisions of Amendment No . 13 to the Constitution of the State of Arkansas . In the event that bonds for only one of the above set forth purposes are approved , the bonds that are approved will be issued with the same maturity dates but proportionately less amounts . The bonds will be dated January 1 , 1978 ; with interest payable on January 1 , 1979 and semi- annually thereafter on July 1 and January 1 of each year . The bonds will mature annually on January 1 . in each of the years 1981 to 1990 , inclusive . The bonds will bear interest at the rate or rates accepted by the City at the public sale of the bonds , The Board of Directors sill levy and there will be col- lected a continuing annual tax in the amount of two ( 2 ) mills in the event bonds for both of the above purposes are approved and issued . If bonds for only one of the purposes are approved and are issued , the Board of Directors will levy and there will be collected a continuing annual tax in an amount sufficient to in- sure the payment of the principal of and interest on the bonds that are issued . Bonds may be sold and delivered in series as funds are needed upon such terms and pursuant to such conditions as the Board Of Directors may specify in the ordinance authorizing the issuance of a particular series . The various series may bear interest at different rates , 942 R2 Section 4 . That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections , so far as the same is applicable , and the mayor of the City is hereby authorized and directed to give notice of such election by an advertisement published once a week for four weeks in a newspaper published in the Cit ; and having a bona fide circulation therein , the last ? ubii - cation to be not less than ten days prior to the date of the election , and only qualified voters of the Citi shall have the right to vote at the election , Section 5 . That the results of the election shall be proclaimed by the Mayor , and his Proclamation shall be published one time in a newspaper published in the City and having a bona fide circulation therein , which Proclamation mall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of the Proclamation . Section 6 . That the Mayor is authorized to advertise , according to the terms of Amendment No . 13 to the Constitution of the State of Arkansas , the public sale of the bonds . Section 7 . That a copy of this Ordinance shall be given to the Washington County Board of Election Commissioners so that the necessary election officials and supplies may be provided . Section 8 , That all ordinances and parts thereof in 2reSJitR are ere bv re-jealed to t-- e extent oz suc n ccnfi _ cz . Section 9 . It is hereby ascertained and declared that there is an immediate need for the improvements in order to promote and protect the health , safety and welfare of the City and its inhabitants , and that the improvements can be accomplished only by the- issuance of the bonds . It is , therefore , declared that an emergency exists and this Ordinance being necessary for the i=ediate preservation of public peace , health and safety shall be in force and take effect immediately from and after its passage . PASSED : ) a p 1977 . - s-Is ® ��� S L` ; DDAOL' D : ice` T . TD+i : ell _yiayor Citd. .c;,1�,sY ( SEr ' Pa� CERTIFICATE The undersigned , Citv Clerk of Fayetteville , Arkansas , hereby certifies that the foregoinc pages , numbered from 1 to (� inclus :Lve , are a true and perfect copy of Ordinance No . 6'0 , passed at a regular session of the Board of Directors of Fayetteville , arvansas , held at the regular meeting, *Jlace "of' �th"e Board at o ' clock 4 . m . , on the cqo day of t�v u-e� ), 1977 , and that the Ordinance is of record in Ordinance Record Book No . Page now in my possession , //��,, ,�� q � " GIVEN under my hand and seal this o� / day of (S.Lttc_vr�c.v.��, City Clerk . 4 r CERTIFICATE OF RECORD STATE OF ARKANSAS ] Washington County ] SS. I, Alma L. Kolimeyer, Circuit Clerk and Ex-Officio Recorder fof Washington County, do hereby certify that the ann:xed fore going instr 'm nt was filed record in my o lice on the lay of_— ig/_/ateV&*�lock6o, and thr s,: a is du!,/ recorded in_A(LpL record_ a pag ,_elld Witness my hand and seal t ' day of 1C1 ZAPa Circuit Clerk and Ex-Officio Recorded A�e BY Deputy Clerk CERTIFICATE of RECORD State of Arkansas City of Fayetteville If SS L >f+i 1j c :C tier for t'y "ity Clerk and i� A@:11'5 is 0:. !1 [ . :rC +b ? • ••. S i.:li d.� �1bPiC ray, CWP OUL amt gam,. y:ia 1 ® 942 914 aMm schedule OR DIN AN Cf. NO. 2.ffi V the discretion d the Board of AV Ol DiNANCE CAI,IANG A SPECIAI. Dneclnrs. I Chill fdg -11 e)' bf gold and ELECTION IN THE ('ITA' OF ✓AVF.T- deavered n ser as (units are needed TEVILLE. ARKANSAS. ON THE upon such terms and pursuant w such QI F STION OF 1S9FING-RONDS WONDER co dibnns as the sow of DIrFOYIfa may AMFNDV011 NU a To THF ( os- <pe 'If. m One mnce wlMritW me STATE of ARKANSAS 1 STn In'TInN fest TIIF !TATE OF sUanm a( a yyylqu�(,lrwa. 7aE"Y ells J} ss. ISE xNSAS FLH THE %.B�1�F OF series may dl se" altddterent' County of Washington riss %m.tDA: . TIIEfII'aRS A�41'UN Section 3. That the questions STRII'T THE Flated 1p the fill for the ( ITS' L1 sR m ubsyptiptl)' fed. Ntlowing M C SITE hG D V t ,m•Ineasure by placing ,,/^firr Ol E-441'1✓ c 7PASIBg14 rcopposite [hp Altaa. or i, 4fR _ hereby certify that I (' Ir DING CONSTntimNG AND a ,.t: am the Publisher of THE NOR HWEST ARKANSAS TIMES, a daily F:QI IPPM G SOFTBALL AND FOOT r It wn Issued of HAIL FSLSB, MCMC SHEITI AND s:iu,oro' fpr ex newspaper having a second class mailing privilege, and being not less than fv:ns,udk0�1 FIx'rDAA *.soAPPORTENAN(1LS: Aft VSS7 d' cs ��'�aaAapount four pages of five columns each, published at a fixed place of business and at raFsciUWi OTHER MATTBRK If sJln.dop G "o an ext a fixed ( dally ) intervals continuously in the City of Fayetteville, County of It Er.AT NO THERETO : AND pans,nnmhle C' Li . . . , . . � HEt 'A T FOR the issue o 'xindd in the amSunl or Washington, Arkansas for more than a period of twelve months, circulated wIrF.R the s6e,00a for the 46sutaitmn of I' sitepe sites and distributed from an established place of business to subscribers and Arkatasas tow "11. Y a eity of the Pox! fn, and cbnstrucling and. equipping the ddYS, and tn� S pans induding cDnetrueting and readers generally of all classes in the City & County for a definite price for wnERihS, xhao tela lalllrlead that ,rnnri ,to; tern al. and tuomau fill each copy, or a fixed price per annum, which price was fixed at what is I it � p,-,ac shelters sail laollhes. all 'nn nrhe :q,prop:ate fixtures and appurtenantts . . considered the value of the publication, based upon the news value and tile it l service value it contains, that at least fifty percent of the subscribers lbst rty a aoqu If ALKSf in issue of uis��fi the amount x. The aequtaittaa d • ails w dlci y I ,n?ex fur for ms Crus to gAgI of a site or thereto have paid cash for their subscriptions to the newspaper or its agents and cine felts !Sipa {IY CYy'' .,,es for and construs upq,Ahpndt equipping parks lgr v :he cr> . parts �nadaing cottstrvenng and or through recognized news dealers over a period of at least six months ; ping sdw.B and penin ouipping sol and football Hews, and that the said newspaper publishes an average of more than forty percent dial he and facilites, alt srM agRsAGm p,, m, shelters and fadblies„ all with fixtures and aparinpKi, at at aooroeriale Q'sa es and apporWMncesnews matter. "Lima W CRY {8p/oo I which A�a�lf o If L""s for born of he aoove set term I further certify that the legal notice hereto attached in the matter of authorlri s ' illy p•Ircees are approvlW by OF 'electees. d thus the purpose is sor I II he coutbtn si Into 19 esue of e ae u to sutm,l to the echelons or tht sm qa In inmpal licith peal (General d ,ty atthe question muiag General I In rat oq pro •erfefil Bonds , She �l anon Improremenk, Boods under t t - u the provisions of Aotend n dment No. Ib to rnafOYlituhon of mr t Vo 1lt ( ozonation of the State -1",'"�- "'" """�'--�—YP"�"i.� "—------ ------------ „Its* of Arkansas for fintwing the nl ]rkans/Y the eve�tOa t bonds for meg Hnprorementa'. - Iorto of the at sal tl r1i ri. sues published in the re 1 Is Iw;THEREF•DRE. BE rr OEDAINEc approa•d thellotdam ale oved will P regular daily issue of said newspaper for..__...1..._._ tare d O! Citv m be :. ed with the py 14tes but . -.-. 55�� ItWhn insertion se follows : p p, natedI bed' h 4. bonne ills 4n � Is hereby Balled e will ce dated JaMla I(LIg7L with interest G //'\\ ��``TT-- n e NIIwelsbeTf, Ion at p and 7 11ry. and sem,- The first insertion on the -�-.9 _. __ day of __S.,LS:-7�. !-� t l IF fere lM4liieetltllilaii 7 ii V m the ; n - Ill there �I' qty 1 fid January - -1-"""- -- of issuing Gete j cB veal, Ile Dgwa will mature • It im onil I r:ant Herds 11 ell Jantjit'y t is It of the years the second insertion on the _ da _ +�dment Y 1 rot t , , a3o, hill 6 e, Tfe bads will bear - -- y o[ - -- _ -'----- "' 18 -- ' ate of tall the pre, . " at �ttee rnnPP�FaF tlntes acttpled by the „Iufsaasurou ilundg 'I tAtber rte ted me bntds. The the third insertion On the - tan x. That the let shall be dated F . Id oft) w d levy and there All] -----.. _ __.._-_ _. day of ----- ----- _.. 18...---- D,ry I. BID. shall bear interest at the he collected a crimina H annual tax in the rate or rani oblairabk at public amount of two t_p,, rh{Py to due event bonds interest shall be payable on January for Mtn or mf all pincloges are ap� and the fourth insertion on the _ _______ - and eemtawally thereafter an JulI proved and rangedtfbonds for only one of Amery 1 d Mw year The Mid. the purposes are spasioveaand are ,ssttag. Ill,lure on Jgnal 1 of each year as the holed of Direct,rs will levy and there w shall be callable for payment will he I elect a continuing anodal lax in _ Iffista - i nt sufficent to insure the payment i Don deters a and h pr,n ' - alatgvorell iM Mtdx mi I a such Ic a Bowortay he said and Sworn to and subscribed before me on this .._ amm as e I nod rrctorx shD 11 / e.• ansa as futile are sleMed - - ._..... dip Ot ._._._ s asthterms std pursuant fDurec to such ryes as the Board of Dvecwn miry �1 In the ordinance incubations the �/ n14 irdaraeries. The variot� —'--_......_.. _-LKe- ?J_Z.._____1.c:. 19._.� INV - is dete�lared tH dD[eFenl est 9 CTs ., a a. Sw aleeten shall be . T lusted and the vole canvassed a � `[ .� Ar"er 4-'1 under the law and 11 l3l s obit aft Fanner eoN(Yiprovided r id d f���l� NO Public SAN and the! MhB�sbf M: aq and O il and direct m }jve an is us, sul'h eection an adverti My Commission Expires: still + Uw p x., s p l- I I hod arca for too Awak m .I vel V will I„ Vp P se newspaper in tug Ql' a �/ an in the I n n . . . the hdI g a bars fide circmbnon therein, last publication lobe, not ass than ten days prior to the dated tie l' ek19ion, and a rrk - _ - . - - quabned sates d die City shall ham thr tkl .a,ea� Section s. Thgt the results _ non Fees for Printing _ ..._ =..Nil . s_S6.C� . . krk of F dvel. ishan be fu laimnd and nix c Irkartyly, raful n r: • .,.,. I 1' matlon ileo 'ane time session lam% �mtwnd r . : wspapv'Nt eav`ihi Coat Of Proof _ . .._. . .._.... __._. w amt „de cuFrieualtbbqq , therein, Onf \o. iiDya, pas,.d .Dation sten ad1Ye that the results tr It at the le immed shah ive unless Total ..._..._ _._.�.J-.. ._. Tom' tell In lhs days Fa.et t datedthe matidSI zit 5 r i n6. Thal Bae aha " orized to pm . w ]] Incl :he pFaf �Faoor se, according [A the terms of dmanco Rceoad�Ns�dr 32*6R � n,.,. amecdment No. 13 Y'tha Cotletirutron of in M, pnssssioi t he Stale of Arkansan the public sale of the 'CFS ndr .e:,l •.. ^n^As (.. r that o copy as this ordlmnty '.o co Washington County e !wn min officials iocen gm that ".ary>reTtion ofarab old sup :� ( oyes and parts VP are hereby 9n the et '„ to It pied and t to need mote III lieu and welfare +:al Bat the mpnghld onh .; 11► chatda' It is. •eat an emergency ro nein( mereSsar\'