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ORDINANCE NO. 8 0 0 (#33-85)
AN ORDINANCE SUBMITTING AT A SPECIAL ELECTION IN THE CITY OF
JACKSONVILLE, ARKANSAS, ON DECEMBER 17, 1985, THE QUESTION
OF ISSUING BONDS FOR THE PURPOSE OF FINANCING THE COSTS OF
CONSTRUCTION OF A RAILROAD CROSSING IN THE CITY AS MORE FULLY
SET FORTH IN THE ORDINANCE; PROVIDING FOR AN AD VALOREM TAX
TO RETIRE THE BONDS; PRESCRIBING OTHER MATTERS RELATING
THERETO; AND DECLARING AN EMERGENCY
WHEREAS, the City of Jacksonville, Arkansas (the "City"),
is a city of the first class and the electors of the City voted
at an election held on November 6, 1984, in favor of issuing ad
valorem tax bonds in the principal amount of $l,600,OOO (the
"Original Bonds") for the purpose of constructing a grade
separation crossing of the railroad in the City; and
WHEREAS, the City Council hereby determines that there is
a need for construction of a grade separation crossing of the
railroad across Center Street by connecting West Main and Graham
Road, more particularly described in Alternate No. 3 of the
Garver & Garver, Inc. study prepared for the use of the City and
dated May 1985, a copy of which is on file with the City Clerk
(the "Improvement"); and
WHEREAS, to fin.a.nce the cost of the Improvement, the issuance
of additional bonds will be necessary:
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Jacksonville, Arkansas, that:
SECTION 1. The question of the issuance of additional bonds
in an amount not to exceed $2,400,000 (the "'Additional Bonds")
for the purpose of financing the cost of acc.om.plishing the
Improvement, including interim interest, and expenses of
authorizing and issuing bonds shall be submitted to a vote of
the electors of the City by a specia.1 election. w'hich i.s hereby
called to be held on December 17, 1985.
SECTION 2. The maximum rate of ad valorem tax to be levied
and pledged to the retirement of the Additional Bonds shall be
3.8 mills on the assessed valuation, according to the 1985
reassessment, of real and personal property in the City after
the effective date of the millage roll back pursuant to
Amendment 59 of the Arkansas Constitution. This tax shall be
in addition to the millage approved by the voters on November 6,
1984, which is now rolled back to approximately 2.4 mills, more
or less.
SECTION 3. The Original Bonds shall not be dated
February 1, 1985, and may be dated the same date as the
Additional Bonds.
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ORDINANCE NO.
800
PAGE TWO
SECTION 4. The question shall be placed on the ballot
for the election in substantially the following form:
ISSUANCE OF BONDS FOR GRADE
SEPARATION CROSSING AND
APPROVAL OF TAX
The Bonds will be issued pursuant to provisions of
the Constitution of the State of Arkansas, and
appropriate Arkansas statutes. The Bonds will bear
interest at the rate or rates acceptable to the
City, and, in the event that bonds are approved and
issued, the City Council will levy and there will
be collected a continuing annual tax in an amount
not to exceed 3.8 mills on the assessed valuation,
according to the 1985 reassessment, of real and
personal property in the City after the effective
date of the millage roll back pursuant to Amend-
ment 59 of the Arkansas Constitution, in addition
to the millage approved by the voters on November 6,
1984, which is now rolled back to approximately 2.4
mills, more or less. The Bonds approved by the
electors on November 6, 1984, shall not be dated
February 1, 1985, and may be dated the same date
as the Bonds approved hereby.
Vote on measure by placing an "x" in the square above
the measure either for or .against:
For an issue of bonds in the amount of
$2,400,000 in addition to the $1,600,000
bonds approved by the electors on
November 6, 1984 (for a total of $4,000,000
bonds) and an ad valorem tax not to exceed
3.8 mills, in addition to approximately 2.4
mills already authorized, for the purpose
of construction of a grade separation
crossing from Main Street to Graham Road ............
Against an issue of bonds in the amount of
$2,400,000 in addition to the $1,600,000
bonds approved by the electors on
November 6, 1984 (for a total of $4,000,000
bonds) and an ad valorem tax not to exceed
3.8 mills, in addition to approximately 2.4
mills already authorized, for the purpose
of construction of a grade separation
crossing from Main street to Graham Road ............
SECTION 5. The election shall be held and conducted and
the vote canvassed and the results dec.lared under the law and
in the manner now provided for municipal electio~s, so far as
the same is applicable, and the Clerk of the City is hereby
authorized and directed to give notice of such election by
an advertisement published not less than ten (10) days prior
to the election in a newspaper publiched in the City, and having
a bona fide circulation therein, the last publication to be not
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ORDINANCE NO.
800
PAGE THREE
less than ten days prior to the date of the election, and only
qualified voters of the City shall have the right to vote at
said election on said question.
SECTION 6. The results of the election shall be proclaimed
by the Mayor and his Proclamation shall be published one time
in a newspaper published in the City and having a bona fide
circulation therein, which Proclamation shall advise that the
results as proclaimed shall be conclusive unless attacked in
the courts within thirty (30) days after the date of such
Proclamation.
SECTION 7. A copy of this Ordinance shall be given to the
Pulaski County Board of Election Commissioners so that the
necessary election officials and supplies may be provided.
SECTION 8. Section 2 of Ordinance No. 755, and all other
Ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 9. It is hereby found and declared that the present
railroad crossing poses a danger to the health and safety of the
citizens of the City; that the construction of a grade separation
crossing at the location herein described would benefit the
citizens of the City; and that there is an immediate need for
the construction of the above described Improvement in order
that the public health, welfare and safety may be protected
and that the Improvement and the issuance of the bonds can be
voted on at the special election. It is, therefore, declared
that an emergency exists, and this Ordinance being necessary
for the immediate preservation of the public peace, health and
safety shall be in force and take effect immediately from and
after its passage.
PASSED:
November t4..t11
, 1985.
APPROVED:
ATTEST:
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G. REID,~;-C-
AP.PR.>r > .~D AS.. T. o. ,FORM:
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Kej.:th vaughan~ City Attorney