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HomeMy WebLinkAboutOrdinance 5605Doc ID: 015343970007 Type: REL Kind: ORDINANCE Recorded: 08/14/2013 at 10:56:54 AM Fee Amt: $45.00 Pape 1 of 7 Washington County, AR Kyle Sylvester Circuit Clerk File2013_00027823 C] ca ORDINANCE NO. 5605 e1 AN ORDINANCE CALLING AND SETTING A DATE FOR A Sqoi­ ELECTION ON THE QUESTIONS OF THE ISSUANCE BY THE CITYr_OF` F_1) 330 NOT TO EXCEED $1,500,000 OF HOTEL AND RESTAURANTI ff,4ri -,- RECEIPTS TAX REFUNDING BONDS FOR THE PURPO F -- REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS, SERIES 2003, (2) NOT TO EXCEED $6,900,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH THE RENOVATION AND EXPANSION OF WALTON ARTS CENTER, AND (3) NOT TO EXCEED $3,500,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH A PROPOSED REGIONAL PARK; PLEDGING THE PROCEEDS FROM THE EXISTING ONE PERCENT (1.00%) HOTEL, MOTEL AND RESTAURANT GROSS RECEIPTS TAX ORIGINALLY LEVIED BY ORDINANCE NO. 2310 TO THE PAYMENT OF THE REFUNDING BONDS AND CAPITAL IMPROVEMENT BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY WHEREAS, under the authority of Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act") and pursuant to Ordinance No. 2310 adopted on March 1, 1977, and as subsequently amended (the "Levying Ordinance"), the City has previously levied a one percent (1.00%) tax (the "A&P Tax") upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption; and Page 2 Ordinance No. 5605 WHEREAS, under the authority of the Advertising and Promotion Commission Act and pursuant to the provisions of Ordinance No. 4488 adopted on May 20, 2003, the City has previously issued and there are presently outstanding $1,875,000 in aggregate principal amount of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"), which Series 2003 Bonds are secured by the pledge of and lien upon the City's receipts of the A&P Tax; and WHEREAS, the City's Advertising and Promotion Commission (the "Commission") by resolution adopted on May 13, 2013, has recommended that the City assist in (i) the completion of the proposed Walton Arts Center expansion and renovation (the "Walton Arts Center Improvements") and (ii) the acquisition, construction and equipping of a regional park (the "Park Improvements") through the issuance of its capital improvement bonds; and WHEREAS, the Commission has determined and the City Council concurs that the Walton Arts Center is a cultural arts and entertainment facility and its expansion and renovation will constitute a "tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) §14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well-being of the City and its people; and WHEREAS, the Commission has further determined and the City Council concurs that the City's proposed regional park will constitute a "public recreation facility" and "city park" within the meaning of Arkansas Code Annotated (2008 Repl.) § 26-75-606 and a "tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) § 14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well- being of the City and its people; and WHEREAS, the City Council has determined that there is a critical need for a source of revenue to finance the Walton Arts Center Improvements and the Park Improvements, and that the receipts of the A&P Tax could be so utilized, but only upon refunding or redemption of the Series 2003 Bonds; and WHEREAS, if approved by the electors of the City, the City has determined to issue (1) its refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2003 Bonds, (2) its capital improvement bonds in principal amount not to exceed $6,900,000 (the "Walton Arts Center Bonds') for the purpose of financing a portion of the Walton Arts Center Improvements, and (3) its capital improvement revenue bonds in a principal amount not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements, which Refunding Bonds, Walton Arts Center Page 3 Ordinance No. 5605 Bonds and Park Bonds are to be equally and ratably secured by a pledge of and lien upon the receipts of the A&P Tax; and WHEREAS, the purpose of this Ordinance is to call a special election on the issuance by the City of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas: Section 1: That under the authority of the Constitution and laws of the State of Arkansas, including particularly the Advertising and Promotion Commission Act and Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act"), and subject to approval by the electors of the City as provided in Section 2 below, there is hereby authorized the issuance of (1) the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds in the aggregate principal amount of not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2003 Bonds, (2) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $6,900,000 (the "Walton Arts Center Bonds") for the purpose of financing a portion of the Walton Arts Center Improvements, and (3) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements. Any bonds approved by the electors of the City may thereafter be issued in one or more series from time to time in an aggregate principal amount not to exceed the respective principal amount(s) approved by the City's electors. Such bonds as are issued by the City will be secured on a parity basis by a pledge of and a lien upon the receipts of the A&P Tax. Section 2: That there be, and there is hereby called, a special election to be held on Tuesday, November 12, 2013, at which election there shall be submitted to the electors of the City the questions of the issuance of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds. Section 3: That the questions shall be placed on the ballot for the special election in substantially the following forms: Question One: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of refunding the City's outstanding Page 4 Ordinance No. 5605 Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"). If the issuance of the Refunding Bonds is approved, the Refunding Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000................................................................................... ❑ AGAINST the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000................................................................................... ❑ Question Two: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in a principal amount not to exceed $6,900,000 (the "Walton Arts Center Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of the expansion and renovation of the Walton Arts Center located within Fayetteville, (the "Walton Arts Center Improvements"). If the issuance of the Walton Arts Center Bonds is approved, the Walton Arts Center Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Page 5 Ordinance No.5605 Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements.......................................................... ❑ AGAINST the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements....................................................... ❑ Question Three: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in principal amount not to exceed $3,500,000 (the "Park Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of constructing and equipping a regional park owned by and located within the City of Fayetteville, which may include baseball fields, soccer fields and related facilities (the "Park Project"). If the issuance of the Park Bonds is approved, the Park Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: Page 6 Ordinance No. 5605 FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements...................................................................... ❑ AGAINST the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements.......................................................... ❑ 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 Arkansas municipal elections unless otherwise provided in the Advertising and Promotion Commissions Act or the Tourism Revenue Bond Act, and only qualified voters of the City shall have the right to vote at the election. The City Clerk is hereby directed to give notice of the special election by one advertisement in a newspaper of general circulation within the City, the publication to be not less than ten (10) days prior to the date of the election. Section 5: That the results of the special election shall be proclaimed by the Mayor, and his proclamation shall be published one time in a newspaper of general circulation within the City. The proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit Court of Washington County within thirty (30) days after the date of publication of the proclamation. Section 6: That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are 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 Refunding Bonds, the Walton Arts Center Bonds and/or the Park Bonds are approved by the electors, to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. Section 7: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8: That it is hereby ascertained and declared that there is a critical need to obtain an additional source of revenue to finance needed capital improvements, including the Walton Arts Center Project and the Park Project, all in order to promote and protect the peace, health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in force and effect immediately from and after its passage. PASSED AND APPROVED this 6th day of August, 2013. APPROVED: ATTEST: By: By O ELD AN, Mayor Page 7 Ordinance No. 5605 SONDRA E. SMITH, City Clerk/TreA er . •' G O ..�"�. �. AYEITEVILLE* Washington County, AR I certify this instrument was filed on 08/14/2013 10:56:54 AM and recorded in Real Estate File Number 2013-00027823 Kyle Sylvester- Cipuit Clerk by City of Fayetteville Staff Review Form City Council agenda Items and Contracts, Leases or Agreements August 6,1023 City Council Meeting Date Agenda Items Only Paul A Becker Finance and Internal Services Finance and Internal Services Submitted By Division Department Action N/A $ - Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Depart Director Date City Attorney Date t-yc'A a . (4-4 L, 7 -1,,,1 -u t Finance and Internal Services Director Date -/-/ Date YJ� Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City v�- 7 4- t-D P 0 2: 0 3 Clerk's Office dw Received in Mayor's Office Revised January 15, 2009 LaF YLVv Ie S� CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr,Chief of Staff From: Paul A Becker PA R Date: July 30, 2013 Subject: Ordinance To Call a Special Election for HMR Bonds THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE PROPOSAL: In May, 2013 the Advertising and Promotion Commission passed a resolution requesting the City call a special election to consider an extension of the current HMR Bonds. The payment of bonds would be extended for 25 years at the same total principal and interest payment amount as currently made annually. Therefore, the current amounts paid for debt service would remain the same. To accomplish this, the voters would be asked to approve three questions on the ballot. Question one would request approximately $1,500,000 in new bonds to refund the current outstanding bonds. Question two would request $6,900,000 in new bonds to fund a portion of an expansion to the Walton Arts Center. The final request would be to approve $3,500,000 of new bonds to fund certain improvements to the Regional Park. Specifically, baseball fields, soccer fields and related facilities at the Regional Park would be partially funded. It is important to understand this is not a new tax. It would not cost the taxpayer any more money. RECOMMENDATION: The administration recommends the approval of this ordinance to call for a special election on November 12, 2013 to decide the above questions. BUDGET IMPACT: None Departmental Correspondence RKANSAS Kit Williams City Attorney Jason B. Kelley Assistant City Attorney TO: Mayor Jordan City Council Sondra Smith, City Clerk CC: Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City Attorne �— DATE: August 1, 2013 RE: Election Bond Ordinance We caught some typos in the Bond Election Ordinance which have now been corrected in the copy attached to this memo. Assistant City Attorney, Jason Kelley, will read this final correct version of the Bond Election Ordinance word for word at your City Council meeting on August 6th since I will be out of state. As I requested during the Agenda Session, please leave this Ordinance on the first or second reading so that it will have plenty of public exposure before your possible vote on August 20th. ORDINANCE NO. AN ORDINANCE CALLING AND SETTING A DATE FOR A SPECIAL ELECTION ON THE QUESTIONS OF THE ISSUANCE BY THE CITY OF (1) NOT TO EXCEED $1,500,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS FOR THE PURPOSE OF REFUNDING THE CITY' S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS, SERIES 2003, (2) NOT TO EXCEED $6,900,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH THE RENOVATION AND EXPANSION OF WALTON ARTS CENTER, AND (3) NOT TO EXCEED $3,500,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH A PROPOSED REGIONAL PARK; PLEDGING THE PROCEEDS FROM THE EXISTING ONE PERCENT (1.00%) HOTEL, MOTEL AND RESTAURANT GROSS RECEIPTS TAX ORIGINALLY LEVIED BY ORDINANCE NO. 2310 TO THE PAYMENT OF THE REFUNDING BONDS AND CAPITAL IMPROVEMENT BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY WHEREAS, under the authority of Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act") and pursuant to Ordinance No. 2310 adopted on March 1, 1977, and as subsequently amended (the "Levying Ordinance"), the City has previously levied a one percent (1.00%) tax (the "A&P Tax") upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption; and Page 2 Ordinance No. WHEREAS, under the authority of the Advertising and Promotion Commission Act and pursuant to the provisions of Ordinance No. 4488 adopted on May 20, 2003, the City has previously issued and there are presently outstanding $1,875,000 in aggregate principal amount of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"), which Series 2003 Bonds are secured by the pledge of and lien upon the City's receipts of the A&P Tax; and WHEREAS, the City's Advertising and Promotion Commission (the "Commission") by resolution adopted on May 13, 2013, has recommended that the City assist in (i) the completion of the proposed Walton Arts Center expansion and renovation (the "Walton Arts Center Improvements") and (ii) the acquisition, construction and equipping of a regional park (the "Park Improvements") through the issuance of its capital improvement bonds; and WHEREAS, the Commission has determined and the City Council concurs that the Walton Arts Center is a cultural arts and entertainment facility and its expansion and renovation will constitute a "tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) §14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well-being of the City and its people; and WHEREAS, the Commission has further determined and the City Council concurs that the City's proposed regional park will constitute a "public recreation facility" and "city park" within the meaning of Arkansas Code Annotated (2008 Repl.) § 26-75-606 and a "tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) § 14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well- being of the City and its people; and WHEREAS, the City Council has determined that there is a critical need for a source of revenue to finance the Walton Arts Center Improvements and the Park Improvements, and that the receipts of the A&P Tax could be so utilized, but only upon refunding or redemption of the Series 2003 Bonds; and WHEREAS, if approved by the electors of the City, the City has determined to issue (1) its refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2003 Bonds, (2) its capital improvement bonds in principal amount not to exceed $6,900,000 (the "Walton Arts Center Bonds') for the purpose of financing a portion of the Walton Arts Center Improvements, and (3) its capital improvement revenue bonds in a principal amount not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements, which Refunding Bonds, Walton Arts Center Page 3 Ordinance No. Bonds and Park Bonds are to be equally and ratably secured by a pledge of and lien upon the receipts of the A&P Tax; and WHEREAS, the purpose of this Ordinance is to call a special election on the issuance by the City of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, Arkansas: Section 1: That under the authority of the Constitution and laws of the State of Arkansas, including particularly the Advertising and Promotion Commission Act and Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act"), and subject to approval by the electors of the City as provided in Section 2 below, there is hereby authorized the issuance of (1) the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds in the aggregate principal amount of not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2003 Bonds, (2) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $6,900,000 (the "Walton Arts Center Bonds") for the purpose of financing a portion of the Walton Arts Center Improvements, and (3) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements. Any bonds approved by the electors of the City may thereafter be issued in one or more series from time to time in an aggregate principal amount not to exceed the respective principal amount(s) approved by the City's electors. Such bonds as are issued by the City will be secured on a parity basis by a pledge of and a lien upon the receipts of the A&P Tax. Section 2: That there be, and there is hereby called, a special election to be held on Tuesday, November 12, 2013, at which election there shall be submitted to the electors of the City the questions of the issuance of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds. Section 3: That the questions shall be placed on the ballot for the special election in substantially the following forms: Question One: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of refunding the City's outstanding Page 4 Ordinance No. Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"). If the issuance of the Refunding Bonds is approved, the Refunding Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000................................................................................... ❑ AGAINST the issuance of Refunding Bonds in a principal amount not to exceed $1, 5 00, 000................................................................................... 0 Question Two: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in a principal amount not to exceed $6,900,000 (the "Walton Arts Center Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of the expansion and renovation of the Walton Arts Center located within Fayetteville, (the "Walton Arts Center Improvements"). If the issuance of the Walton Arts Center Bonds is approved, the Walton Arts Center Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Page 5 Ordinance No. Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements..........................................................❑ AGAINST the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements....................................................... ❑ Question Three: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in principal amount not to exceed $3,500,000 (the "Park Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of constructing and equipping a regional park owned by and located within the City of Fayetteville, which may include baseball fields, soccer fields and related facilities (the "Park Project"). If the issuance of the Park Bonds is approved, the Park Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: Page 6 Ordinance No. FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements....................................................................❑ AGAINST the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements........................................................❑ 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 Arkansas municipal elections unless otherwise provided in the Advertising and Promotion Commissions Act or the Tourism Revenue Bond Act, and only qualified voters of the City shall have the right to vote at the election. The City Clerk is hereby directed to give notice of the special election by one advertisement in a newspaper of general circulation within the City, the publication to be not less than ten (10) days prior to the date of the election. Section 5: That the results of the special election shall be proclaimed by the Mayor, and his proclamation shall be published one time in a newspaper of general circulation within the City. The proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit Court of Washington County within thirty (30) days after the date of publication of the proclamation. Section 6: That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are 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 Refunding Bonds, the Walton Arts Center Bonds and/or the Park Bonds are approved by the electors, to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. Section 7: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8: That it is hereby ascertained and declared that there is a critical need to obtain an additional source of revenue to finance needed capital improvements, including the Walton Arts Center Project and the Park Project, all in order to promote and protect the peace, health, safety and welfare of the inhabitants of the City. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in force and effect immediately from and after its passage. Page 7 Ordinance No. PASSED AND APPROVED this 20th day of August, 2013. APPROVED: ATTEST: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Z• ayle IPVVT ARKANSAS� CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr,Chief o%Staff From: Paul A Becker ?A 6 Date: July 30, 2013 Subject: Ordinance To Call a Specialllection for HMR Bonds PROPOSAL: In May, 2013 the Advertisin an( City call a special election to consider an exte i extended for 25 years at the same total principal Therefore, the current amounts paid for debt sere To accomplish this, the voters would be asked to request approximately $1,500,000 in new bonds request $6,900,000 in new bonds to fund a porti would be to approve $3,500,000 of new bond baseball/softball fields, soccer fields and related It is important to understand this is not a n�f t tax THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE romotio Commission passed a resolution requesting the of the rrent HMR Bonds. The payment of bonds would be i int est payment amount as currently made annually. remain the same. ap ove three questions on the ballot. Question one would toe nd the current outstanding bonds. Question two would In of an xpansion to the Walton Arts Center. The final request o fund ce in improvements to the Regional Park. Specifically facilities at a Regional Park would be partially funded. It would no cost the taxpayer any more money. RECOMMENDATION: The.ladministration recommends the election on November 12, 2013 to decide the above questions. None of this ordinance to call for a special r ' hog Ear .; i n ' e64) nod � 4 8 V olSul / 'i ORDINANCE NO. AN ORDINANCE CALLING AND SETTING A DA E FOR A SPECIAL ELECTION ON THE QUEST, S OF THE ISSUANC BY THE CITY OF (1) NOT TO EXCEED $1,500,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS FO,II THE PURPOSE OF REFUNDING THE CITY' S OU�',�TANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUND G BOND , SERIES 2003, (2) NOT TO EXCEED $6,900,000 OF HOTEL A\FINANC RANT GROSS RECEIPTS TAX AND TOURISM REVENUE CPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CESTS IN CONNECTION WITH THE RENOVATION AND EXPANSIALTON ARTS CENTER, AND (3) NOT TO EXCEED $3,500,000 OAND RESTAURANT GROSS RECEIPTS TAX AND TOURISM CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE G7G CERTAIN COSTS IN CONNECTION WITH A PROPOiEAL PARK; PLEDGING THE PROCEEDS FROM THE EXIiTIPER NT (1.00%) HOTEL, MOTEL AND RESTAURAN& GROSS RECEIPTS TAX ORIGINALLY LEVIED BY ORDINANC NO. 2310 TO THE P YMENT OF THE REFUNDING BONDS ND CAPITAL IMPROV ENT BONDS; PRESCRIBING OTHE MATTERS PERTAINING T RETO; AND DECLARING AN EME . ENCY WHEREAS, unde the authority of Title 26, Chapter 75, Subchapter 6 o the Arkansas Code of 1987 Annotate (the "Advertising and Promotion Commission Act") an ursuant to Ordinance No. 2310 adopted on March 1, 1977, and as subsequently amended (th "Levying Ordinance"), the City as previously levied a one percent (1.00%) tax (the "A&P Tax") pon the gross receipts or gro s proceeds (i) derived from renting, leasing or otherwise furnishing otel or motel accommoda 'ons for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery s , re -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption; and Page 2 Ordinance No. WHEREAS, under the,authority of the Advertising and Promotion Commissiyfi Act and pursuant to the provisio of Ordinance No. 4488 adopted on May 20, 2003 the City has previously issued and there re presently outstanding $1,875,000 in aggregate incipal amount of the City's Hotel and ResIallrant Gross Receipts Tax Refunding Bonds Series 2003 (the "Series 2003 Bonds"), which S ies 2003 Bonds are secured by the pledge f and lien upon the City's receipts of the A&P .Tax; WHEREAS, the City's Adve ising and Promotion Commi�on (the "Commission") by resolution adopted on May 13, 2013, h recommended that the C' y assist in (i) the completion of the proposed Walton Arts Center pansion and renova 'on (the "Walton Arts Center Improvements") and (ii) the acquisition, co struction and equip ing of a regional park (the "Park Improvements") through the issuance of its c ital improvement bonds; and WHEREAS, the Commission has Bete ined d the City Council concurs that the Walton Arts Center is a cultural arts and (2008 Re 1. 26-75-606 and a "tourism project" within the meaning of Arkansas Code Annotated (1998 epl.) §14-170-205 which will secure and develop tourism and thereby stimulate and enhace t e economic growth and well-being of the City and its people; and entertainment facility d its a ansion and renovation will constitute a "tourism project" within the meaning of Aransas Cod Annotated (1998 Repl.) §14-170-205 which will secure and develop tourism an . thereby stimul to and enhance the economic growth and well-being of the City and its people- and WHEREAS, the Commissio has further determined a d the City Council concurs that the City's proposed regional par ill constitute a "public recr tion facility" and "city park" within the meaning of Arkansas ode Annotated WHEREAS, the Ci Council has determined that there is a c 'tical need for a source of revenue to finance the W ton Arts Center Improvements and the Park mprovements, and that the receipts of the A&P ax could be so utilized, but only upon refundin or redemption of the Series 2003 Bonds; d WHER�XS, if approved by the electors of the City, the City has dete fined to issue (1) its refunding Ponds in principal amount not to exceed $1,500,000 (the "Ref m 'ng Bonds") for the purpose/f refunding the Series 2003 Bonds, (2) its capital improvement bo ds in principal amount r�eft to exceed $6,900,000 (the "Walton Arts Center Bonds') for the purpos of financing a portion of the Walton Arts Center Improvements, and (3) its capital improvement revenue bon s m.. principal amount not to exceed $3,500,000 (the "Park Bonds") for the purpose of fin sing a portion of the Park Improvements, which Refunding Bonds, Walton Arts Center 3 No. Bonds and Park Bonds a to be equally and ratably secured by a pledge of and lien upon the receipts of the A&P Tax; an ' WHEREAS, the purpose f this Ordinance is to call a special election on the issuance by the City of the Refunding Bonds, th Walton Arts Center Bonds and the/I ark Bonds; NOW, THEREFORE, BE ItORDAINED by the Co Council of the City of Fayetteville, Arkansas: f Section 1: That under the autho 'ty of the Constitution and laws of the State of Arkansas, including particularly the Advertise and Promotion Commission Act and Title 14, Chapter 170, Subchapter 2 of the Arkansas C e of 19817 Annotated (the "Tourism Revenue Bond Act"), and subject to approval by the electo of the City as provided in Section 2 below, there is hereby authorized the issuance of (1) the it 's,' Iotel and Restaurant Gross Receipts Tax Refunding Bonds in the aggregate principal amount . of to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 20 3 Bo ds, (2) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capita Improv ent Bonds in the aggregate principal amount of not to exceed $6,900,000 (the lton Arts enter Bonds") for the purpose of financing a portion of the Walton Arts Ce, ter Improveme s, and (3) the City's Hotel and Restaurant Gross Receipts Tax and To ism Revenue Capi 1 Improvement Bonds in the aggregate principal amount of not to ex ' ed $3,500,000 (the "P k Bonds") for the purpose of financing a portion of the Park Improv,Zments. Any bonds approv by the electors of the City may thereafter be issued in one or Aore series from time to time in an aggregate principal amount not to exceed the respective/principal amount(s) approved by e City's electors. Such bonds as are issued by the City 4411 be secured on a parity basis by a pl ge of and a lien upon the receipts of the A&P Tax. Section 2: That t&re be, and there is hereby called, a special elec 'on to be held on Tuesday, November 12, 13, at which election there shall be submitted to th electors of the City the questions of th issuance of the Refunding Bonds, the Walton Arts Cen Bonds and the Park Bonds. Section 3: That the questions shall be placed on the ballot for the special el e ion in substantially the flowing forms: Thee is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of refunding bonds in principal amount not to exceed $ ,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of refunding the City's outstanding Page 4 Ordinance Hotel and Restaurari't Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds")If the issuance of the Refunding Bonds is approved, the Refunding Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.06%) tax (the "A&P Tax") levied pursuant4o Ordinance No. 2310 upon the gross r ceipts or gross proceeds (i) derivefrom renting, leasing or otherwise furnishin hotel or motel accommodation for profit within the boundaries of the City and ") of restaurants, cafes, cafet�:r''ias, delis, drive-in restaurants, carry -out restaurants, oncession stands, conve fence stores, grocery store -restaurants, caterers and simil businesses within t boundaries of the City engaged in the business of selling pr ared food for 71 remises or off -premises consumption. Vote on the question by placing an ' X'of the squares following the question, either for or against: FOR the issuance of Refunding Bonds in' incipal amount not to exceed $1,500,000.................................... /...........................................❑ AGAINST the issuance of Refunding Aonds in prin ipal amount not to exceed $1,500,000 .............................. /Y................... ........................... Question Two: There is submitted to the qua 'fed electors of the City of Fa tteville, Arkansas, the question of the issuance f capital improvement bonds in pr cipal amount not to exceed $6,900,000 (th "Walton Arts Center Bonds"), purs t to Title 14, Chapter 170, SubchaptBo 2 of the Arkansas Code of 1987 otated (the "Tourism Revenue d Act") and Title 26, Chapter 75, Subcha ter 6 of the Arkansas Code of 19 7 Annotated (the "Advertising and Promotion mmission Act"), for the pure se of financing a portion of the costs of the exp sion and renovation of th alton Arts Center located within Fayetteville, (the Walton Arts Center Im ovements"). If the issuance of the Walton Arts Center Bo ds is approved, the alton Arts Center Bonds shall be secured by a pledge of an ien upon the re ipts of an existing one percent (1.00%) tax (the "A&P Tax") levi d pursuant t Ordinance No. 2310 upon the gross receipts or gross proceeds (1 derived from renting, leasing or otherwise furnishing hotel or motel acco odations for profit within the boundaries of the City and (ii) of resta ants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, con ession stands, convenience stores, grocery store -restaurants, caterers and si ilar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Page 5 No. Vote on th"uestion by placing an "X" in one of the squares f owing the question, eith for or against: FOR the issuance f Walton Arts Center Bonds in principal amnt not to exceed $6,900,000 for the burpose of financing a portion of the cost of the Walton Arts Center Improvements ............................................ .................... . AGAINST the issuance f Walton Arts Center Bonds i principal amount not to exceed $6,900,000 for th purpose of financing a ortion of the costs of the Walton Arts Center Improve ents....................................................... ❑ Question Three: There is submitted to the qualifielectors the City of Fayetteville, Arkansas, the question of the issuance of capita' to exceed $3,500,000 (the "Park B Subchapter 2 of the Arkansas Code Bond Act") and Title 26, Chapter 75 Annotated (the "Advertising and P financing a portion of the costs of 7pr vement bonds in principal amount not '), pursuant to Title 14, Chapter 170, 1987 Annotated (the "Tourism Revenue hapter 6 of the Arkansas Code of 1987 o Commission Act"), for the purpose of stru ing and equipping a regional park owned by and located within t City of Faye ville, which may include baseball fields, soccer fields and related facilities (the " rk Project"). If the issuance of the Park Bonds is approve , the Park Bonds shal be secured by a pledge of and lien upon the receipts of an existing one percent 00%) tax (the "A&P Tax") levied pursuant to Ordi ance No. 2310 upon the gro receipts or gross proceeds (i) derived from renting, leasing or otherwise ishing hotel or motel accommodations f r profit within the boundaries o the City and (ii) of restaurants, cafe cafeterias, delis, drive-in restaurants, carry -out restaurants, concession st s, convenience stores, grocery store -rest ants, caterers and similar busin sses within the boundaries of the City engage in the business of selling pre ed food for on -premises or off -premises consumpti . Vote o the question by placing an "X" in one of the squares ollowing the questi n, either for or against: FOR the issuance of Park Bonds in principal amount not to exceed $3,50 ,000 for the purpose of financing a portion of the costs of constructing and equip 'ng the ParkImprovements.................................................................... ..❑ AGAINST the issuance of Park Bonds in principal amount not to exc ed $3,500,000 for the purpose of financing a portion of the costs of constructing d equipping the Park Improvements........................................................❑ Page 6 Ordinance No. 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 Arkansas municipal elections unless othe ise provided in the Advertising and Promotion Commissions Act or the Tourism Revenue Bon ct, and only qualified voters of the City shall have th right to vote at the election. The City erk is hereby directed to give notice of the speci election by one advertisement in a newspap of general circulation within the City, the publ' ation to be not less than ten (10) days prior to the ate of the election. Section 5: That the re lts of the special election shall be roclaimed by the Mayor, and his proclamation shall be publis ed one time in a newspaper of neral circulation within the City. The proclamation shall advise that the results as proclai ed shall be conclusive unless attacked in the Circuit Court of Wash' gton County within t irty (30) days after the date of publication of the proclamation. Section 6: That the Mayor and t City Cler for and on behalf of the City, be, and they hereby are authorized and directed to do any anall things necessary to call and hold the special election as herein provided and, if the is uan of the Refunding Bonds, the Walton Arts Center Bonds and/or the Park Bonds are approve y the electors, to perform all acts of whatever nature necessary to carry out the authority confe e by this Ordinance. Section 7: That all ordinances d parts hereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8: That it is here ascertained and de ared that there is a critical need to obtain an additional source of rev ue to finance needed c ital improvements, including the Walton Arts Center Project and e Park Project, all in order promote and protect the peace, health, safety and welfare of e inhabitants of the City. It is, therefore, declared that an emergency exists and this O dinance being necessary for the i ediate preservation of public peace, health and safety sh 1 be in force and effect immediately fro and after its passage. PASSED AND APPROVED this 20th day of August, 2013 APPROVED: ATTEST: By: BY: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Taeee*44* v-;I F RKANSA;� CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr,Chief of Staff From: Paul A Becker Date: July 30, 2013 Subject: Ordinance To Call Special Election for HMR Bonds THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE PROPOSAL: In May, 2013 the lyvertising and Promotion Commi ion passed a resolution requesting the City call a special election to consld,r an extension of the current R Bonds. The payment of bonds would be extended for 25 years at the same totaprincipal and interest pa ent amount as currently made annually. Therefore, the current amounts paid for"debt service would re ain the same. To accomplish this, the voters would be a ed to approve request approximately $1,500,000 in new b ds request $6,900,000 in new bonds to fund a po is would be to approve $3,500,000 of new bonds t baseball/softball fields, soccer fields and related However, unless ballot question two and or three It is important to understand this is not a new to RECOMMENDATION: The election on November 12, 2013 BUDGET IMPACT: to of It re questions on the ballot. Question one would current outstanding bonds. Question two would xpansion to the Walton Arts Center. The final request tain improvements to the Regional Park. Specifically at the Regional Park would be partially funded. ved, no bonds would be issued. I not cost the taxpayer any more money. i6inistration recommends the approval of this ordinance to call for a special decide the above questions. \ City Attoipey DRAFT 07/ 4/13 [IT ) r%1 041ArL[0 AN ORDINANCE CALLING AND SETTING A DATE OR A SPECIAL ELECTIOI4,ON THE QUESTIONS OF THE ISSUANCE THE CITY OF (1) NOT TO EXCEED $1,500,000 OF HOTEL AND RE AURANT GROSS RECEIPTS TAX REFUNDING BONDS FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS ERIES 2003, (2) NOT TO EXCEED $6,900,000 OF HOTEL AND REST RANT GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAV4MPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAI�(COSTS IN CONNECTION WITH THE RENOVATION AND EXPANSION/OF WALTON ARTS CENTER, AND (3) NOT TO EXCEED $3,3A0,000 OF/HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TO 4 RISM,/REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURP61SE ,/©F FINANCING CERTAIN COSTS IN CONNECTION WITH A PROPOSED REGIONAL PARK; PLEDGING THE PROCEEDS FROM THE EXISTING ONE PERCENT (1.00%) HOTEL, MOTEL AND RESTAURATGROSS RECEIPTS TAX ORIGINALLY LEVIED BY ORDINANCE NO.' 310 TO THE PAYMENT OF THE REFUNDING BONDS e 1 AND CPITAL IMPROVEMENT BONDS; PRESCRIBING OTHik MATTERS\ PERTAINING THERETO; AND DECLARING AN EMARGENCY s WHEREAS, under the authority of Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion\Commission Act") and pursuant to Ordinance No, 231 Q` adopted on March 1, 1977, and as subsequently amended (the "Levying Ordinance"), the City has previously levied a one percent (1.00°tax (the "A&P Tax") upon the gross receipts or.,gross proceeds (i) derived from renting, leasing ok\otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City d (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, conces 'on stands, convenience stores, grocery store -restaurants, caterers and similar businesses within th boundaries of the City engaged in the business of selling prepared food for on -premises or off-p mises consumption; and }' i WHEREAS, under the authority of the Advertising and Promotion pursuant to the provisions of`tOrdinance No. 4488 adopted on May 20, previously issued and there are presenfly outstanding $1,275,000 in aggreg of the City's Hotel and Restaurant Gross Receipts Tax Refunding Boni "Series 2003 Bonds"), which Series `2003 Bonds are secured by the pledge City's receipts of the A&P Tax; and \ WHEREAS, the City's Advertisin) resolution adopted on May 13, 2013, has r of the proposed Walton Arts Center ex Improvements") and (ii) the acquisition, co Improvements") through the issuance of its 'omm' Sion Act and 200 , the City has iprincipal amount tt K, Series 2003 (the of and lien upon the and Promotion Comma ion (the "Commission") by commended that the 9ty assist in (i) the completion ,4ision and renovation (the "Walton Arts Center Ar�ction and equ ping of a regional park (the "Park apital improvemtt, bonds; and WHEREAS, the Commission has de Walton Arts Center is a cultural arts and enter will constitute a "tourism project" within the r §14-170-205 which will secure and develop economic growth and well-being of the City ar /and the City Council concurs that the facility and its expansion and renovation f Arkansas Code Annotated (1998 Repl.) `end thereby stimulate and enhance the )lew and WHEREAS, the Commission has rther determined and the City Council concurs that the City's proposed regional park will c stitute a "public recreation facility" and "city park" within the meaning of Arkansas Cod Annotated (2008 Repl.) §26-75-606 and a "tourism project" within the meaning of Arkansas Code Annotated (199$\Reel.) §14-170-205 which will secure and develop tourism and theby stimulate and enhance the economic growth and well- being of the City and its people; ark \\\ WHEREAS, the City ouncil has determined that there is a cfitical need for a source of revenue to finance the Walton Arts Center Improvements and the Park m rovements, and that p P the receipts of the A&P x could be so utilized, but only upon refun tug of the Series 2003 Bonds; and �` , WHEREAS/f approved by the electors of the City, the City has dete fined to issue (1) its refunding bond ,,s` in principal amount not to exceed $1,500,000 (the "Refundg Bonds") for the purpose of refunding the Series 2003 Bonds, (2) its capital improvement bondsrn principal amount not to)dxceed $6,900,000 (the "Walton Arts Center Bonds') for the purpose c� financing a portion of; tfhe Walton Arts Center Improvements, and (3) its capital improvement revenue bonds in iincipal amount not to exceed $3,500,000 (the "Park Bonds") for the p ose of financing' a portion of the Park Improvements, which Refunding Bonds, Walton Arts nter 2 Bonds and Park Bonds are to be equally and ratably secured by a pledge of d lien upon the receipts of the A&P Tax; and WHEREAS, the urpose of this Ordinance is to call a special ele ion on the issuance by the City of the Refunding B'gnds, the Walton Arts Center Bonds and th ark Bonds; NOW, THEREFOR; BE IT ORDAINED by the Council of the City of Fayetteville, Arkansas: Section 1. That under the uthority of the Con itution and laws of the State of Arkansas, including particularly the A .ertising and Prom tion Commission Act and Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 19 Annotated (the "Tourism Revenue Bond Act"), and subject to approval by the 6 eectors of e City as provided in Section 2 below, there is hereby authorized the issuance of (1) th - City' Hotel and Restaurant Gross Receipts Tax Refunding Bonds in the aggregate principal amou t f not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2 Bonds, (2) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capit Imovement Bonds in the aggregate principal amount of not to exceed $6,900,000 (the " alton Arts Center Bonds") for the purpose of financing a portion of the Walton Arts C ter Improve ents, and (3) the City's Hotel and Restaurant Gross Receipts Tax and To sm Revenue Npital Improvement Bonds in the aggregate principal amount of not to ex ed $3,500,000 (the`°�Park Bonds") for the purpose of financing a portion of the Park Improv ents. Unless the issuce of the Refunding Bonds and either the Walton Arts Center Bonds r the Park Bonds is appro' d by the electors of the City, no bonds will be issued by the C' If the issuance of the Re ding Bonds and either the Walton Arts Center Bonds or the,I'ark Bonds is approved by the elec rs of the City, such bonds may thereafter be issued in one or more series from time to time i6 an aggregate principal amount not to exceed the res , ctive principal amount(s) approved by th°e City's electors. Such bonds as are issued by the ty will be secured on a parity basis by a pled e of and a lien upon the receipts of the A&P T Section 2. ghat there be, and there is hereby called, a special electio to be held on Tuesday, November 2, 2013, at which election there shall be submitted to the e ctors of the City the questions of the issuance of the Refunding Bonds, the Walton Arts Center onds and the Park Bonds. Section 3. That the questions shall be placed on the ballot for the special electi in substantially the following forms: 3 Question One: There is submitted to the qualified electors of the City of Fayetteville, Xkansas, the question of the issuance of refunding bonds in principal amount n to exceed $1,500,000 (the "Refunding Bonds"), pursuant to Title 26, hapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the " vertising and Promotion Commission Act"), for the purpose of refunding the ty's outstanding Hotel and Restaurant Gross Receipts Tax Refunding Bond Series 2003 (the "Series 2003 Bonds"). If the Refunding Bonds shall be sec existing one percent (1.00%) issuance of the Refunding B ds is approved, the 'red by a pledge of and lie pon the receipts of an tak, (the "A&P Tax") lev' d pursuant to Ordinance No. 2310 upon the gross receipis, o leasing or otherwise furnishing hotel,; the boundaries of the City and (ii) of restaurants, carry -out restaurants, con store -restaurants, caterers and similar engaged in the business of selling pre consumption. Unless the issuance of t Arts Center Bonds (Question 2 below approved by the electors of the City, r gross procetodations (i) derived from renting, or motel accfor profit within restaurants cafes, cafeterias, delis, drive-in cession s ds, convenience stores, grocery busiite es within the boundaries of the City pare ood for on -premises or off -premises he efui. ding Bonds and either the Walton or the dark Bonds (Question 3 below) is o bonds wil�,be issued by the City. Vote on the question by placing° an "X" in one of, the squares following the question, either for or against: FOR the issuance of Reding Bonds in principal a, ount not to exceed ................... $1,500,000...................................................... ...❑ ..... AGAINST the issuat de of Refunding Bonds in principal amoul t not to exceed $1,500,000 ......... /..................................................... Question Two: There is submitted to the qualified electors of the City of Fayetteville, ansas, the question of the issuance of capital improvement bonds in principal amo t not to exceed $6,900,000 (the "Walton Arts Center Bonds"), pursuant to Titl 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated ( e "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of th Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of the expansion and 11 renovation of the Walton Arts Center located within Fayetteville, (t "Walton Arts Center Improvements"). If the issuance of the Walton Arts Ce er Bonds is approved, the Walton Arts Center Bonds shall be secured by a ple ge of and lien upon the receipts of an existing one percent (1.00%) tax (the " P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or oss proceeds (i) derived from renting, leasing or otherwise furnishi hotel or motel accommodations fog. profit within the boundaries of e City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restauran , carry -out restaurants, concession stands, con��jnience stores, grocery sto -restaurants, caterers and similar businesses within t boundaries of the Cit engaged in the business of selling prepared food for on, remises or off -pre ises consumption. Unless the issuance of the Refunding Bonds (Question 1 ove) and either the Walton Arts Center Bonds or the Park Bond (Question 3 ow) is approved by the electors of the City, no bonds will be issued V the City Vote on the question by placing " in one of the squares following the question, either for or against: FOR the issuance of Walton Arts ente onds in principal amount not to exceed $6,900,000 for the purpose of fi incing a ortion of the costs of the Walton Arts Center Improvements.................................................................... ❑ AGAINST the issuance of alton Arts Cente Bonds in principal amount not to exceed $6,900,000 for tl purpose of financin a portion of the costs of the Walton Arts Center Imp ovements...................................................... ❑ Question Three: There is submitt,pd to the qualified electors of the City o\(the lle, Arkansas, the question o e issuance of capital improvement bondal amount not to exceed $ ,500,000 (the "Park Bonds"), pursuant to Chapter 170, Subchapte 2 of the Arkansas Code of 1987 Annotatedrism Revenue Bond Atand Title 26, Chapter 75, Subchapter 6 of the Code of 1987 Annotated (the "Advertising and Promotion Commission the purpose of financing a portion of the costs of constructing and equipping a regional park owned by and located within the City of Fayetteville, which may include baseball fields, soccer fields and related facilities (the "Park Project"). If the issuance of the Park Bonds is approved, the Park Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") 5 levied pursuant to Ordinance No. 2310 upon the gross receipts or ross proceeds (i) derived from renting, leasing or otherwise furnishing otel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, y-out restaurants, concession stands, convenience stores, grocery store -re aurants, caterers and similar businesses within the boundaries of the City e aged in the business of selling prepared ft�od for on -premises or off -premise consumption. Unless the issuance of the Re ding Bonds (Question 1 abov and either the Walton Arts Center Bonds (I uestio 2 above) or the Park Bon is approved by the electors of the City, no bonds will b issued by the City. Vote on the question by acing an ' X" i one of the squares following the question, either for or against. FOR the issuance of Park Bonds 'n pri ipal amount not to exceed $3,500,000 for the purpose of financing a portion of e costs of constructing and equipping the Park Improvements ...................X................................................... ❑ AGAINST the issuance of Prk Boys in principal amount not to exceed $3,500,000 for the purpose inanciN a portion of the costs of acquiring, constructing and equipping tpe Park Impro ements...................................❑ Section 4. That the e ction shall be held nd conducted and the vote canvassed and the results declared under the aw and in the mann now provided for Arkansas municipal elections unless otherwise pr vided in the Advertising d Promotion Commissions Act or the Tourism Revenue Bond A41k and only qualified voters of e City shall have the right to vote at the election. The City is hereby directed to give n ice of the special election by one advertisement in a newspaper of general circulation within the ity, the publication to be not less than ten (10) days pri to the date of the election. Section 5.1 That the results of the special election shall Nproclaimed by the Mayor, and his proclarnafion shall be published one time in a newspaper of ge eral circulation within the City. The proclamation shall advise that the results as proclaimed s 11 be conclusive unless attacked in the Circuit Court of Washington County within thirty (30) ays after the date of publication of the proclamation. Section 6. That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are 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 Refunding Bonds, the Walton Arts C6 Center Bonds and/or the Park Bonds are approved by the electors, to pf nature necessary to carry out the authority conferred by this Ordinance. Section 7. That all ordinances and parts thereof in repealed to the extent of such conflict. all acts of whatever herewith are hereby Section 8. That it is, hereby ascertained and declar d that there is a critical need to obtain an additional source of retinue to finance needed zot ital improvements, including the Walton Arts Center Project and the ark Project, all in or o promote and protect the peace, health, safety and welfare of the inhabitants of the C' y. It is, therefore, declared that an emergency exists and this Ordinance being necessary r the immediate preservation of public peace, health and safety shall be in force and effect i ediately from and after its passage. PASSED AND APPROVED this 20th y of August, 2013. APPROVED: /ATTEST: By: LIONELD JORDAN, By: SONDRA E. SMITH, City Clerk/Treasurer 7 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of. City of Fayetteville - Ordinance 5605 Was inserted in the Regular Editions on: August 15, 2013 Publication Charges: $ 557.71 Hol y�A r ws Subscribed and sworn to before me This a9 day of a4s , 2013. CAW ALL, Notary Public My Commission Expires: T44001q- Please do not pay from Affidavit. Invoice will be sent. CAZI•i`(J. WILES Benton R C�1 F D AUG 2 9 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE (J�to�ct ) County M y Commission Expires February 20, 2014 y „�R4-a•��,�c * *NOTE* * ORDINANCE NO. 5605 AN ORDINANCE CALLING AND SETTING A DATE'ta y FOR A SPECIAL ELECTION ON THE QUESTIONSOF THE ISSUANCE BY THE CITY OF (1) NOT TO EXCEED $1,500,000 OF HOTEL AND RESTAURANT A R K A N S A S GROSS RECEIPTS TAX REFUNDING BONDS FOR THE' PURPOSE OF REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX REFUNDING BONDS, SERIES 2003, (2) NOT TO EXCEED $6,900,000 OF HOTEL AND RESTAURANT c GROSS RECEIPTS TAX AND TOURISM REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH THE :RENOVATION AND EXPANSION OF WALTON ARTS CENTER, AND (3) NOT TO EXCEED $3,500,000 OF HOTEL AND RESTAURANT GROSS RECEIPTS TAX AND TOURISM' REVENUE CAPITAL IMPROVEMENT BONDS FOR THE PURPOSE OF FINANCING CERTAIN COSTS IN CONNECTION WITH A PROPOSED REGIONAL PARK; PLEDGING THE PROCEEDS FROM THE EXISTING ONE PERCENT (1.00%) HOTEL, MOTEL AND, %y RESTAURANT GROSS, RECEIPTS ;TAX ORIGINALLY LEVIED BY ORDINANCE NO. �"; 2310 TO THE -PAYMENT OF,,THE REFUNDING BONDS AND CAPITAL IMPROVEMENT r SONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING :'NE ERGENCY WHEREAS under the authority of Title 26, Chapter 75, Subchapter 6 of the Arkansas '.Code of 1987 Annotated(the "Advertising and Promotion Commission Act") and pursu- ant to Ordinance No. 2310 adopted`on March 1, 1977, and as subsequently, amended $be "Levying Ordinance"), the City has previously levied a one percent (1.00%) tax (the Tax") upon the gross receipts or gross proceeds (i) derived from renting, leasing or:otherwise furnishing hotel or motel accommodations for profit within the boundaries of the it and '(ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, Convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of sell- ing -prepared food for on -premises or.off-premises consumption; and WHEREAS under the authority of the Advertising. and Promotion Commission Act and C pursuant to the provisions of Ordinance No. 4488 adopted on May 20, 2003, the City has previously issued and there are presently outstanding $1,875,000 in aggregate principat 1f amount of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"), which Series 2003 Bonds are secured by the pledge of and lien upon the City's receipts of,the A&P Tax; and WHEREAS the City's Advertising and Promotion Commission (the "Commission") by 'resolution adopted on May 13, 2013, has recommended that the City assist in (i) the completion of the proposed Waltor1 Arts Center expansion and renovation (the "Walton -Arts Center Improvements") and (ii) the acquisition, construction and equipping of a regional park (the "Park Improvements") through the issuance of its capital improvement a ebonds; and WHEREAS the Commission has determined and the City Council concurs that the Walton Arts Center is a cultural arts and entertainment facility and its expansion and reno- vation will constitute a "tourism project" within the meaning of Arkansas Code Annotated (1998 Repl.) §14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well-being of the City and its people; and WHEREAS the Commission has further determined and the City Council concurs that the City's proposed regional park will constitute a "public recreation facility" and "city park" within the meaning of Arkansas Code Annotated (2008 RepiJ § 26-75-606 and a "tour- ism project" within the meaning of Arkansas Code Annotated (1998 Repl.) § 14-170-205 which will secure and develop tourism and thereby stimulate and enhance the economic growth and well-being of the City and its people; and WHEREAS the City Council h$s determined that there is a critical need for a source of revenue to finance the Walton Arts Center Improvements and the Park Improvements, and that the receipts of the A&P Tax could be so utilized, but only upon refunding or. :redemption of the Series 2003 Bonds; and WHEREAS if approved by the electors of the City, the City has determined to issue (1) Its refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refunding the Series 2003 Bonds, (2) its capital improvement bonds in principal'amount not to exceed $6,900,000 (the "Walton Arts Center Bonds') for the purpose of financing a portion of the Walton Arts. Center Improvements, and (3) its capital improvement revenue bonds in a principal amount not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements, which Refunding Bonds, Walton Arts Center Bonds and Park Bonds are to be equally and rat- ably secured by a pledge of and lien upon the receipts of the A&P Tax; and WHEREAS the purpose of this Ordinance is to,call a special election on the issuance by the City of the Refunding Bonds, the Walton Arts Center Bonds and the Park Bonds; =NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fayetteville, ...:',Arkansas: ""Section 1: That under the authority of the Constitution and laws of the State of Arkansas, including particularly the Advertising and Promotion Commission Act and Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act"), and subject to approval by the electors of the City as ;.provided in Section 2 below, there is hereby authorized the issuance of (1) the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds in the aggregate principal amount of not to exceed $1,500,000 (the "Refunding Bonds") for the purpose of refund- ,ingthe Series 2003 Bonds, (2) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $6,900,000 (the "Walton Arts Center Bonds") for the purpose of financing a portion of the Walton Arts Center Improvements, and (3) the City's Hotel and Restaurant Gross Receipts Tax and Tourism Revenue Capital Improvement Bonds in the aggregate principal amount of not to exceed $3,500,000 (the "Park Bonds") for the purpose of financing a portion of the Park Improvements. Any bonds approved by the electors of the City may thereafter be issued in one or rhore series from time to time in an aggre- gate principal amount not to exceed the respective principal amount(s) approved by the City's electors. Such bonds as are issued by the City will be secured on a parity basis by a pledge of and a lien upon the receipts of the A&P Tax. Section 2: That there be, and there is hereby called, a special election to be held on Tuesday, November 12, 2013, at which election there shall be subrpitted to the elec- tom of the City the questions of the issuance of the Refunding Bonds, the Walton Arts .Center Bonds and the Park Bonds. ctipn ; ; That the questions shall be placed on the ballot for the special election in substantially the following forms: Question One: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of refunding bonds in a principal amount not to;exceec $1,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75, Subchapter E of the Arkansas Code of 1987-Annotated (the "Advertising and Promotion Commissior Act"), for the purpose of refunding the City's outstanding Hotel and Restaurant Gros: Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"). If the issu- ance of the Refunding Bonds is approved, the Refunding Bonds shall be securec by a pledge of and lien upon the receipts of an existing one percent (1.00%) tar (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts of gross. proceeds (i)derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on - premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000 ................................................................................... AGAINST the issuance of Refunding Bonds in a principalamount not to exceed $1, 500,000................................................................................... Question Two, There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in a principal amount not to exceed $6,900,000 (the "Walton Arts Center Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of the expansion and renovation of the Walton Arts Center located within Fayetteville, (the "Walton Arts Center Improvements"). If the issuance of the Walton Arts Center Bonds is approved, the Walton Arts Center Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts.or gross proceeds (i) derived from renting, leasing or otherwise furnishing" hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, 'drive-in" restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, -- either for or against: - - FOR the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements.......................................................... AGAINST the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton .Arts Center Improvements....................................................... Question Three: There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the ;;question of the issuance of capital improvement bonds in principal amount not to exceed $3,500,000 (the "Park Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond -Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of constructing and equipping a regional park owned by and located within the City of Fayetteville, which may include baseball fields, soccer fields and 'related facilities (the "Park Project"). " If the issuance of the Park Bonds is approved, ?s^: the Park Bonds shall be secured by a pledge of and lien upon the receipts of an exist- ing one percent (1.00%) tax (the"A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (1) derived from renting, leasing or other - Wise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores; grocery store -restaurants, cater- ers'and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. Vote on the question by placing an "X" in one of the squares following the question, either for or against: FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements ........................................... I ......... AGAINST the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park improvements . ......I.... i 4: That the eleykion shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for Arkansas munici- pal elections unless otherwise provided in the Advertising and Promotion Commissions Act or the Tourism Revenue Bond Act, and only qualified voters of the City shall have the right to vote at the election. The City Clerk is hereby directed to give notice of the >. pecial election by advertisement in a newspaper of general circulation within the City; the publication to be not less than ten (10) days prior to the date of the election. Section 5: That the results of the special election shall be proclaimed by the Mayor, -and his proclamation shall be published onetime in a newspaper of general circulation 'within the City. The proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circuit Court of Washington County within thirty (30) days after the date,of publication of the proclamation. cNon 6: That the Mayor and the City Clerk, for and on behalf of the City, be, and they hereby are 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 Refunding Bonds, { the Walton Arts Center Bonds and/or the Park Bonds are approved by the electors; to perform'all acts of whatever nature necessary to carry out the authority conferred by ,`-this Ordinance. ction 7: That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. " ' ion 8: That it is "hereby ascertained and declared that there is a critical need to obtain an additional source of revenue to finance needed capital improvements, including the Walton Arts Center Project and the Park Project, all in order to promote agd:protect the peace, health, safety and welfare of the inhabitants of the City. It is, t ,therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in force and effect immediately from and after its passage. PASSED and APPROVED this 6th day of August, 2013 APPROVED:.' ATTEST: By: Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTAR�SAS THE MORNING NEWS OF SPRINGDALE SPAPE16LLC THE MORNING NEWS OF ROGERS NORTHWEST ARKANSASTIMES BENTON COUNTY DAILYILYRRECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Notice of Special Election Was inserted in the Regular Editions on: October 30, 2013 Publication Charges: $ 448.50 Holly Andrews Subscribed and sworn to before me This 15p day of (Dq, -- , 2013. Notary Public J My Commission Expires:�Zo� DVCHY J,VUPzI ' Benton CoL1njV wly Can� issio;1 Expires p 1=eb f **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® OCT 30 2013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE eDepartmental Correspondence RKANSAS Kit Williams CityAttorney Jason B. Kelley Assistant City Attorney TO: Mayor Jordan Sondra Smith, City Clerk/Treasurer CC: Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City Attorney DATE: November 18, 2013 �1c RE: Proclamation of HMR Bond Election Attached is the Mayor's Proclamation of the results of the bond election. Also attached is a reduced in size Certificate of the Washington County Bond of Election Commissioners certifying the results of the election. The original, legal sized Certificate is held by the City Clerk. The Mayor needs to sign this Proclamation tomorrow, November 19th. I believe that City Clerk Sondra Smith will then publish this Proclamation. Congratulations on your excellent work to make the improvements to our Regional Park and the Walton Arts Center possible. HI PUBLIC NOTICE CITY OF FAYETTEVILLE, ARKANSAS PROCLAMATION DECLARING THE RESULTS OF ELECTION OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE, ARKANSAS TO THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS, GREETINGS: WHEREAS, pursuant to Ordinance NO. 5605, a Special Election was held on November 12, 2013 regarding the issuance of three bonds pledged to be paid by the existing one percent (1 %) Hotel, Motel and Restaurant tax which is collected within the City of Fayetteville, Arkansas. NOW, THEREFORE, I, Lioneld Jordan, Mayor of the City of Fayetteville, by virtue of the authority vested in me by law, do hereby proclaim the following to be the results of the November 12, 2013 Special Election: Question 1: Refunding Bonds 3,705 FOR the issuance of Refunding Bonds in a principal amount not to exceed $1,500;000 571 AGAINST the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000 Question 2: Walton Arts Center Bonds 3 640 FOR the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements 666 AGAINST the issuance of Walton Arts Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements Question 3: Park Bonds 3,682 FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements 628 AGAINST the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements These results as proclaimed by the Mayor shall be conclusive unless attacked in the Circuit Court of Washington County within thirty days after the date of the publication of this proclamation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed this 20th day of November, 2013. S LOV Attest: By: �.d .�t. ': � - � Aik SONDRA E. SMITH, City Clerk/Treasurer �->G\' •GIB Y p�`9�f'��� �; FAYETTEVILLE:x== %.,ems.•. ;kA NSP. Ni tON1" CERTIFICATE OF WASHINGTON COUNTY BOARD OF ELECTION COMMISSIONERS ASCERTAINING AND DECLARING RESULTS OF THE CITY OF FAYETTEVILLE SPECIAL ELECTION IN WASHINGTON COUNTY, ARKANSAS STATE OFARKANSAS ) COUNTY OF WASHINGTON } We, the undersigned members of the Board of Election Commissioners of Washington County, Arkansas, do hereby certify the following Washington County results in the November 12, 2013 Election on the question of: Question 1: Refunding Bonds There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the Issuance of refunding bonds in a principal amount not to exceed $1,500,000 (the "Refunding Bonds"), pursuant to Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of refunding the City's outstanding Hotel and Restaurant Gross Receipts Tax Refunding Bonds, Series 2003 (the "Series 2003 Bonds"). If the issuance of the Refunding Bonds is approved, the Refunding Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. FOR the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000c� o n AGAINST the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000 2 © t ice-•: _� --_ FOR: 3705 ern l CG>r' j t AGAINST: 571�'; L o CD Question 2: Walton Arts Center Bonds There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in a principal amount not to exceed $6.900,000 (the "Walton Arts Center Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of the expansion and renovation of the Walton Arts Center located within Fayetteville, (the "Walton Arts Center Improvements"). If the issuance of the Walton Arts Center Bonds is approved, the Walton Arts Center Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (U) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carry -out restaurants, concession stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. FOR the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements AGAINST the issuance of Walton Arts Center Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements FOR: 3640 AGAINST: 666 Question 3: Park Bonds There is submitted to the qualified electors of the City of Fayetteville, Arkansas, the question of the issuance of capital improvement bonds in principal amount not to exceed $3,500,000 (the "Park Bonds"), pursuant to Title 14, Chapter 170, Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Tourism Revenue Bond Act") and Title 26, Chapter 75, Subchapter 6 of the Arkansas Code of 1987 Annotated (the "Advertising and Promotion Commission Act"), for the purpose of financing a portion of the costs of constructing and equipping a regional park owned by and located within the City of Fayetteville, which may include baseball fields, soccer fields and related facilities (the "Park Project"). If the issuance of the Park Bonds is approved, the Park Bonds shall be secured by a pledge of and lien upon the receipts of an existing one percent (1.00%) tax (the "A&P Tax") levied pursuant to Ordinance No. 2310 upon the gross receipts or gross proceeds (i) derived from renting, leasing or otherwise furnishing hotel or motel accommodations for profit within the boundaries of the City and (ii) of restaurants, cafes, cafeterias, delis, drive-in restaurants, carryout restaurants, toncessiod stands, convenience stores, grocery store -restaurants, caterers and similar businesses within the boundaries of the City engaged in the business of selling prepared food for on -premises or off -premises consumption. FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of Financing a portion of the costs of constructing and equipping the Park Improvements AGAINST the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements FOR: 3682 AGAINST: 628 Returns of the votes for the City of Fayetteville, Special Election in Washington County, Arkansas have been delivered by us to the Washington County Clerk. We further certify that the polls were open from 7:30 A. M. until 7:30 P.M., that only the duly appointed election officials made due returns of the votes cast, and that we have canvassed the votes as required by law. IN TESTIMONY WHEREOF, we have hereinto set our hands this November 15, 2013. Board of Election Commissi ers, Washington County AR L'n B r Loga ow, Chairman Rende Oelschlaeger, lumber r Peter Loris, Member CERTIFICATE I CERTIFY THAT THIS INSTRUMENT IS A TRUE COPY OF THEJUAW&N FILE IN THIS OFFICE ATE. B L AL EN - OUNTY CLERK D.C. NORTHWEST ARKANSAS OEMOCRAPGAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS SPMENEW16LLC NORTHWEST ARi(AfJSASTIMES BENTON COUNTY ONLY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607. 72702 1 479-442-1700 � WWW.NWANEV- '^" AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Public Notice - Proclamation Was inserted in the Regular Editions on: November 25, 2013 Publication Charges: $ 214.50 Holly `Andrews Subscribed and sworn to before me This 3 day of �XC. , 2013. COA-k �A)Jto Notary Public My Commission Expires: *17,0 14' i GA—j,?j,WILES L Benton county . I 'jIT �3yCommrss20.2f)p4eS 't Febfuafy **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED DEC 0 4 201 p� FAYEI'T�I Y t.ERK'S OFFI PUBLIC NOTICE CITY OF FAYETTEVILLE, ARKANSAS T�ye PROCLAMATION DECLARING G G THE RESULTS OF ELECTION ARNANS AS OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE, ARKANSAS TO THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS. GREETINGS: WHEREAS, pursuant to Ordinance NO. 5605, a Spada] Election was held on November 12. 2013 regarding the issuance of three bonds pledged to be paid by the existing one percent (1 %) Hotel, Motel and Restaurant tax which is collected within the City of Fayetteville, Arkansas. NOW, THEREFORE, I, Lioneld Jordan, Mayor of the City of Fayetteville, by virtue of the authority vested in me by law, do hereby proclaim the following to be the results of the November 12, 2013 Special ElecWn: Question 1: Refunding Bonds 3,705 FOR the issuance of Refunding Bonds in a principal amount not to exceed S1,500,000 571 AGAINST the issuance of Refunding Bonds in a principal amount not to exceed $1,500,000 Question 2: Walton Arts Center Bonds 3,640 FOR the issuance of Walton Arts Center Bonds In a principal amount not to exceed $6,9W,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements 666 AGAINST the Issuance of Walton Arts Bonds in a principal amount not to exceed $6,900,000 for the purpose of financing a portion of the costs of the Walton Arts Center Improvements duesoon 3: Park Bonds 3,682 FOR the issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements 626 AGAINST the Issuance of Park Bonds in a principal amount not to exceed $3,500,000 for the purpose of financing a portion of the costs of constructing and equipping the Park Improvements These results as proclaimed by the Mayor shall be conclusive unless attacked in the Circuit Court of Washington County within thirty days after the date of the publication of this proclamation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed this 20th day of November, 2013, APPROVED: ATTEST: . By: LIONELD JORDAN, Mayor By: SONDRA E. SMITH, City Clerklrreasurer i RECEIVED Nov 26Z013 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE WASHINGTON COUNTY ELECTION COMMISSION County Courthouse, Suite 140 280 North College Ave. Fayetteville, AR 72701 November 25, 2013 City Clerk Sondra Smith City of Fayetteville 113 W. Mountain St, Ste #308 Fayetteville, AR 72701 Dear Clerk Smith: The Washington County Election Commission is authorized to request reimbursement for the expenses of special elections based as outlined in Arkansas Election Law 7-5-104. Following is the cost to the Election Commission for the November 12, 2013 Special Election for the City of Fayetteville. Ballot Stock and printing $1663.93 Programming $800.00 Audio $226.00 Advertisements $3938.60 Poll Workers and Supervisor Mileage $11,831.09 Pre -election Supplies $250 Staff and Staff Mileage 233.20 $3,135.20 Counting Crew Election Night $384 Truck Rental $462.73 Election Commission Meetings $1500.00 Total $24 191.55 Please send a check for the amount of $24,191.55 to us at the above address. Call me with any questions on this subject. Best regards, &ZZmnifer B. Price Election Coordinator 479-444-1766 jprice@co.washington.ar.us 5l¢05 RECEIVED WASHINGTON COUNTY ELECTION COMMISSION County Courthouse, Suite 140 280 North College Ave. Fayetteville, AR 72701 December 30, 2013 DEC 3 0 2013 CITY 01 FAYET7LLE EVI CITY CLERICS 0M Receipt of payment for the November 12, 2013 City of Fayetteville Special Election in the amount of $ 24,191.55. Sincerely, Jennifer B. Price Washington County Election Coordinator 479-444-1766