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
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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,