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\'