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1592z r ORDINANCE NO. )~~~, AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING CERTAIN TOURISM~~tELATED FACILITIES; ANp PRESCRIBING VARIOUS MATTERS RELATEb THERETO. WHEREAS, it has been found and determined by the Gity Council of the city of west Memphis, Arkansas (the "city'+) that it is the ' interest of the City and its inhab~,tants that the City construct certain improvements for promotion of tourism in the city, specifically a municipal golf course and related facilities the "Golf,Course") and arena and fairgrounds facilities, with related facilities (the "Fairgrounds") and that such facilities will encourage, develop and increase tourism in the City; and WHEREAS, the Golf Course and the Fairgrounds are described in further detail in the forms of ballot, hereinbelow; and WHEREAS, the Golf Course and the Fairgrounds can be financed by bonds secured by and payable from the pledge of collections of a hotel and restaurant gross receipts tax levied at the rate o~ 2~ under the provisions of Arkansas code of 1987 Annotated, Title 26, Ghaptex 75, Subchapter 6 (the "Enabling Legisiatian"); NOW, THEREFORE, He it Ordained by the City Council of the City of Weft Memphis, Arkansas. section 1. There is hereby called a special election in the City, on the 27th day of July, 1993, at which special election there shall be subm~.tted to the electors of the city the questions of the issuance of bonds, secured by a pledge of and payable from collections of the Tax, for the purposes of financing the Golf Course, in the principal amount of not to exceed $3,000,000, and the Fairgrounds, ~.n the principal amount of not to exceed $1,800,000. Section 2. The questions shall be placed on the ballot for the special election in substantially the fa7.lowing forms: vote on each measure by placing an "X" in the square opposite the measure either FOR or AGAINST: FOR the issuance of Bonds in the principal amount of nat to exceed $3,000,000 for the purpose of financing the construction and equipping of a municipal golf course and related facilities, including, without limitation, pro shops, club house, golf carts, equipment sheds and other outbuildings and parking facilities. (Issuance of such Bonds is subject, however, to the determination of the City council, based upon a study or studies, that the construction and equipping of such facilities is financially appropriate.) ^ ~- AGAINST the issuance of Bonds in the principal amount of not to exceed $3,000,000 for the purpose financing the construction and equipping of a municipal golf course and related facilities, including, without limitation, pro shops, club house, golf carts, equipment sheds and other outbuildings and parking facilities. (Issuance of such Bonds is subject, however, to the determination of the City Council, based upon a study or studies, that the construction and equipping of such fac~,lities is financially appropriate.) FOR the issuance of Bands in the principal amount of not to exceed $}., 800, 00o far the purpose of financing the construction and equipping of a multipurpose sports and recreational arena, with both enclosed and outdoor facilities to serve as fairgrounds for the show~.ng and demonstration of livestock, crafts, products and other items of interest and for the provision of entertainment and recreation, with related and ancillary facilities, including, without limitation, stables, animal enclosures and parking facilities. AGAINST the issuance of Bonds in the principal amount of not to exceed $1, 800, 000 for the purpose of financing the construction and equipping of a multipurpose sports and recreational arena, with bath enclosed and outdoor facilit~,es to serve as fairgrounds for the showing and demonstration of livestock, crafts, products and other items of interest and for the provision of entertainment and recreation, with related and ancillary facilities, including, without limitation, stables, animal enclosures and parking facilities. If Bonds for either oz both of the above purposes or for the golf course and related facilities are approved and issued, the Sonds will be secured by a pledge of and payable from collections of a city tax at the rate of 2~ on the gross receipts of restaurants, cafes, cafeterias and other establishments selling prepared food within the Gity and on the gross receipts from renting, leasing, or otherwise furnishing hotel or motel accommodations for profit within the City. The tax pledged to the Bonds will be collected in addition to the ~$ hotel and restaurant tax now being collected in the City. Any tax pledged to secure Bonds will be collected until all the Bonds are paid or payment of such Bonds is otherwise provided for. Bonds which are approved may be issued at one time or in series from time to time. Section 3. The election shall be held and conducted vote canvassed and the results declared under the law and manner now provided for municipal elections, so far as the and the in the same is applicable, and only qualified electors of the city shall have the right to vote at the election. Section 4. The City Clerk shall publish notice of the special election by one publication in a newspaper having general Circulation within the City not less than (10) days prior to the election date. section 5. The results of the election shall be proclaimed by the Mayor and his proclamation shall be published one time in a newspaper having a general circulation in the City, which proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the Circua.t Court of Crittenden ,,. County, Arkansas, within thirty (30) days after the date of publication of such proclamation. Section 6. A copy of this Ordinance shall be given to the Crittenden County Soard of Election Commissioners so that the necessary election officials and supplies may be provided. Section 7. Subject to mutual agreements regarding compensation, the firm of Stephens Inc, shall be engaged to serve as underwriter for the proposed bonds and the law firm of Friday, Eldredge & Clark shall be engaged to zepresent the City as bond counsel . Section 8. All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. The provisions of this Ordinance are severable. If any provision hereof shall be declared to be invalid oz unenforceable, such holding shall not affect the remainder hereof. PASSED: ~c~ pTrEST C C~.,,~ U~ ~-~