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HomeMy WebLinkAboutOrdinance 4038 � IL ED FOR RECORD ' 97 JON 6 RSI 9 05 WASHING -i'ON CO AR ORDINANCE NO. 4038 K • HARNESS AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF FAYETTEVILLE, ARKANSAS, ON THE QUESTION OF ISSUING BONDS TO FINANCE CONSTRUCTION OF THE FAYETTEVILLE TOWN CENTER AS A MULTI-PURPOSE CIVIC CENTER FOR MEETINGS AND CONVENTIONS, EXHIBITIONS, ENTERTAINMENT EVENTS, RELATED USES, AND PARKING; AUTHORIZING THE PLEDGING OF THE CITY' S EXISTING 1 % HOTEL AND RESTAURANT GROSS RECEIPTS TAX TO RETIREMENT OF THE BONDS; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City"), has determined to submit to the voters of the City the question of financing improvements described as follows: ( 1 ) construct and equip a civic center and related facilities for convention, meeting, entertainment, and exhibition activities; and (2) provide parking for users of these facilities (the "Town Center"); and WHEREAS, the City can finance the Town Center including incidental expenses and expenditures in connection with constructing and equipping the Town Center and expenses in connection with authorizing and issuing bonds by the issuance of bonds in an amount not to exceed $6,950,000 (the `Bonds") under the authority of Amendment No. 62 to the Constitution of the State of Arkansas ("Amendment 62") and Subchapter 3 of Chapter 164, Title 14 of the Arkansas Code of 1987 Annotated, (the "Authorizing Legislation"); and WHEREAS, the City can pay the principal of and interest on the Bonds from the proceeds of the City's existing 1% hotel and restaurant gross receipts tax (the "Hotel and Restaurant Tax"); and WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the question of issuing the Bonds under Amendment No. 62 and the Authorizing Legislation at a special election to be called for that purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas: Section 1. That there be, and there is hereby called, a special election to be held on August 5, 1997, at which election there shall be submitted to the electors of the City of question of issuing Bonds under Amendment 62 and the Authorizing Legislation of the principal amount of not to exceed $6,950,000 to be payable from the proceeds of the Hotel and Restaurant Tax. 97036923 Section 2. That the question of issuing the Bonds shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square below the measure either for or against: TOWN CENTER BONDS VOTE FOR OR AGAINST the issuance of bonds of the City of Fayetteville to finance the construction of the Fayetteville Town Center as a new, multi-purpose, civic center for meetings, conventions, exhibitions, entertainment events, related uses, and parking. The bonds will be issued in an amount not to exceed $6,950,000 and for a term of not to exceed twenty-two years and will be retired from all or any part of the proceeds of the City's existing 1 % hotel and restaurant gross receipts tax. FOR issuance of the bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AGAINST issuance of the bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 3. 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 unless otherwise provided in the Authorizing Legislation and only qualified voters of the City shall have the right to vote at the election. Section 4. That the results of this 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 general circulation therein, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of publication. Section 5. 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 6. That the Mayor and City Clerk, for and on behalf of the City, be, and they are hereby authorized and directed to do any and all things necessary to call and hold the special election as herein provided and, if the issuance of the Bonds is approved by the electors, to cause the Hotel and Restaurant Tax to be collected in accordance with the Authorizing Legislation, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. 9 '7036924 Section 7. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. PASSED this ,3 r d day of June 1997. APPROVED: Mayor ATTEST: City Clerk fiYETrc 1, Ad it 97036925 talk and rx-otNac Recorder for Washington do .;ounty, ArtrSIsas, tnt3 instrumeTA t'r.. Siad r01 r00ard to nn inroan and TO cam Aide EJ 2e� oroknow is now duly rec,,,ded with this ledprits l aaxd corttticata thereon Perord BodIc end Page as ted tleraen. IN WITNESS WHEREOF, I have here- unto sat my hand and ahlxed the- cell of said Court on itar dato indlaoterd horeon. Kathleen Harness Circuit Clerk and en,officio Recd r 4y ORDINANCE N 404038-^ issuance of bond4,of the City of AN ORDINANCE CALLING'A Fayetteville to finance the con- SPECIAL ELECTION INvTHE struction of the Fayetteville CITY OF FAYETTEVILLE,MR- Town Center as a new, multi- KANSAS, ON THE QUESTION purpose, civic center for meet- OF ISSUING BONDS TO,FI- ings, conventions, exhibitions, NANCE CONSTRUCTION•OF entertainment events. related THE FAYETTEVILLE TOWN uses, and parking. The bonds CENTER AS A MULTI-PUR- will,be issued in a amount not STATE OF ARKANSAS POSE CIVIC CENTER'FOR to exceed $6,950,000 and for a ss. MEETINGS AND CONVEN- term of not to exceed twenty- TIONS, EXHIBITIONS4tEN- two-years and will be retired County of Washington TERTAINMENT EVENTS; RE- from all or any part of the pro- LATED USES, AND PARK- ceeds of the City's existing 1% ING; AUTHORIZING ',THE hotel and restaurant gross re- I, hereby cer- PLEDGING OF THE CITY'S . others tax. fify that I am the publisher of THEN RTHW T ARKANSAS TIMES, a daily EXISTING I % HOTEL•AND FOR issuance of the bonds RESTAURANT GROSS1,RE- AGAINST issuance of the newspaper having asecond class mailing privdege, and being not less than four pages of CEIPTS TO RETIREMENT OF , bonds five columns each, published at a feed place of business and at a fixed (daily) intervals THE BONDS; AND PRE- i-Section 3. That the election continuous) in the Cil of Fayetteville, County of Washington, Arkansas for more than SCRIBING OTHER MATTERS shell be held end conducted Y Y Y lY 6 PERTAINING THERETO. „40.A the vote canvassed and aperiodof twelvemonths, circulated anddistributed from an established placeofbusiness WHEREAS, the City CounQI1, 0t Ahe.results declared under the tosubscribersandreadersgenerallyof all classes in the City and County for a definite price the City of Fayetteville, Aiken- -law and In the manner now pro- ass (the -Cirri, has determined video for municipal elections foreach copy, or a fixed price per annum, which price was feed at what is considered the to submit to the voters ohthe .unless otherwise provided in value of the publication, based upon the news value and service value it contains, that at City the question of financing the-Authorizing Legislation and least lift went of ilia subscribers thereto have aid cash for We'm subscriptions to the improvements described as.tol• only qualified voters of the City y Pe P P lows: (1) construct and equip a shall have the right to vote at newspaper or its agents or through recognized news dealers over a period of at least six civic center and related facilities thireleSectio tion months; and that the said news r ublishes an average of more than fort percent news for convention, meeting, enter- tainment, and (2) provide park- this election shall be pro- matter. ing for users of these facilities claimed by the Mayor, and his ' (the "Town Cent"); and .. , Prpplamation shall be published WHEREAS, the City cansfi- one time in a newspaper pub- I further certify that the legal notice hereto attached in the matter of nance the Town Center includ. •fished in the City and having a in kental expenses apd,ex- i.gAgeral circulation therein, pex:idndilures in connection-with :which Proclamation shall ad- �1d38- constructing and equipping the 'vise that the results as pro- / Town Center and expenses in gh3imed shall be conclusive un- was published is the regular daily issue of said newspaper for L connection with authorizing and rAesa attacked in the courts with- issuing bonds by the issuance in thirty days after the date of consecutive insertions as follows: of bonds in an amount hot to publication. exceed 56,950:000 Section S. That a copy of this (the-Bonds') under the authori- Ordinance shall be given to the The first insertion on the F1'Q day of 19_� ly of Amendment No. 62�16,the Wgshingron County Board of Constitution of the State-of Ar- Elecffon Commissioners so that kansas (-Amendment 62-) and the necessary election officials the second insertion on the day of 19 Subchapter 3 of Chapte0154, and'supWles may be provided. Title 14 of the Arkansas-Code `tion 6. That the Mayor and of 1987 Annotated, (the-Author- iGiry,Clerk, for and on behalf of the third insertion on the day of 19 izing Legislationm); and s . . Rhe.City, be, and they are here- WHEREAS, the City can pay :By:authorized and directed to the principle of and interest of idmany and all things necessary and the fourth insertion on the day of 19 the Bonds from the proceeds of "m'call and hold the special the Citys existing 1% hotel and :election as herein provided restaurant gross retailer tax (the i,aad, if the issuance of the 'Hotel and Restaurant-Tax-); 'Bonds is approved by the else- and - - acts, to cause the Hotel and WHEREAS, the purpose of this •Restaurant Tax to be collected Ordinance is to submit to the 'm accordance with the Author- elector of the City the question :IZlpg Legislation, and to per Pu lisher I General M ager of issuing the Bonds under ito= all acts of whatever nature Amendment No. 62 and ille Au- "pessary to carry out the au- thorizing Legislation aha-spe- :inertly conferred by this Oroi- cial election to be called fdr that =nonce. purpose. _ "SObtlon 7. That all ordinances NOW, THEREFORE, BE IT and parts thereof in conflict ORDAINED by the City Council �ihaiewith are hereby repealed to of the City of Fayetteville, Ar- the extent of such conflict. Kansas: • PASSED this 3 rd day of June, Section 1. That there bei and 11997. there is hereby called. a special APPROVED election to be held on August Fred Hanna 5,1997, at which election there 'Mayor shall be submitted to the; alec- .ATTEST I / tors of the City of question of is- Traci Paul Swot and subscribed before me on this 1 day of suing Bonds under Amendment 'City Clerk 62 and the Authorizing lagisla. - l tion of the principal amount of 19M _ not to exceed $6,950,00Dto be payable from the proceeds of the Hotel and Restaurant•Tax. Section 2. That the question of Y issuing the Bonds shall be placed on the ballotdor the Notary Public election In substantialy_tne fol- !!!!!!!!!!!!!!!!!!!!e Sall 1 ,lowing en on measure by placing an My Commission Expv (;aL�eTllle Ski >ln$aS ; 'X' in the square below the 1 Notary public, State of Ark 1 measure either for or against: Washington County 71051 TOWN CENTER BONDS, O2f� VOTE FOR OR AGAINST the 1 My CAOttmC`««««««c<CC<c(LZ< C(40"(��L/, Fees for Printing $ Cost of Proof $ Total $ Q,