0498 RESOLUTION NO. 498 ( #5 - 97)
A RESOLUTION AUTHOR /ZING THE MAYOR OF 7715 CITY OF JACKSONVILLE, ARKANSAS, TO
EXECUTE CONTRACTS WITH THE ARKANSAS DEPARTMENT OF POLLUI7ON CONTROL AND ECOLOGY
ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY, AND FOR O77IER PURPOSES.
WHEREAS, THE CT' OF JACKSONVILLE, ARKANSAS BY AND THROUGH THE JACKSONVILLE WASTEWATER
UTILITY, DEEMS IT NECESSARY AND PROPER TO ENTER INTO A "CONTRACT OF OBLIGATION" WITH THE ARKANSAS
DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY AS AUTHORIZED BY ACA §8-6- 1 603 FOR IMPROVEMENT;
AND,
WHEREAS, THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, I5 THE PROPER PERSON TO
EXECUTE SUCH NECESSARY DOCUMENTS ON BEHALF OF THE UTILITY /CITY.
NOW 771EREFORE, BE IT RESOLVED BY 771E CITY COUNCIL OF 771E CRY OF
JACKSONVILLE, ARKANSAS, T71AT.-
SECTION ONE: THE MAYOR IS HEREBY AUTHORIZED AS THE SIGNATORY AGENCY OF THE CITY OF
JACKSONVILLE, ARKANSAS, TO ENTER INTO A CONTRACT OF OBLIGATION AS AFFIXED HERETO, WITH THE
ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY, AND 15 HEREBY GRANTED THE NECESSARY
AUTHORITY TO EXECUTE AND APPROVE ALL NECESSARY DOCUMENTS TO COMPLETE THE CONTRACT OF
OBLIGATION ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY /CITY.
SECTION TWO: ANY AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE
HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT.
SECTION THREE: THIS RESOLUTION SHALL HAVE FULL FORCE AND EFFECT IMMEDIATELY AFTER ITS
PASSAGE.
nt
APPROVED AND ADOPTED THIS DAY OF APRIL, 1 997.
MA&AIAar "'kW f
TOMMY SWAIM, MA OR
ATTEST:
LU✓. LEONARD, C RK
APPRO EB)AS TO FORM:
ROBERT ?. BAMBURG, ATrO:
MHR -20 -1997 09:15 P.02
CONTRACT OF OBLIGATION
Jacksonville
THIS AGREEMENT is made and entered into by and between was tewater Utility
CountyrhtuepaUty
Arkansas, hereinafter referred to as the County/Municipality and the Arkansas Department
of Pollution Control and Ecology, hereinafter referred to as the Department.
Whereas. County /Municipality, has submitted a permit application for the
construction, operation and maintenance of a solid waste disposal or processing facility
pursuant to the requirements of the Arkansas Solid Waste Management Act (Arkansas
Code Annotated § 8-6 -201 et sa and the regulations promulgated thereunder.
Whereas, pursuant to Arkansas Code Annotated §8-6-1603 a municipality or county
may execute a "Contract of Obligation" in lieu of a performance bond to provide financial
assurance for corrective actions, closure, or post - closure care of the site. Then, in
consideration of the Issuance of Permit No. 219 -S by the Department to Jacksonville
Wastewater Utility , for the operation of solid waste disposal site and solid waste
management systems, and In consideration of the mutual covenants contained herein, the
Department and the County/Municipality, hereby agree as follows:
1. The County/Municipality, is hereby bound unto the Department in the sum of
Fifty -Three Thousand Ninety Dollars and 00 /100 ($ 53,090.00 )
Amount In Words Amount k figures
and hereby authorizes the Director of the Department, or designee, to collect said
sum from any general revenues being disbursed or to be disbursed from the State
of Arkansas to the County/Municipality upon failure of the County/Municipality to
perform required corrective actions, close the facility or provide post - closure care
where applicable in accordance with the requirements of the Act and regulations
promulgated thereunder.
2. Should the Department find that the County/Munlctpality has failed to perform
corrective actions, properly dose the facility or provide proper post -closure care
where applicable, the Department shall notify the County/Municipality of such
Contract of Obligation
Form: 14.197
Page 1
MAR -20 -1997 09 15 P.03
finding and shall afford the opportunity for administrative and judicial review of
such finding prior to seeking collection of any funds as authorized under this
contract.
3. The County/Municipality hereby authorizes the Commissioner of Revenues and the
State Treasurer to withhold any funds from general revenues being disbursed or
to be disbursed from the State of Arkansas to the County/Municipality upon
receiving notice from the Director of the Department of the County/Municipality's
failure to perform corrective action, property close the facility or provide proper
post- closure care.
4. This contract shall terminate upon written approval from the Departmontthat:
(a) the facility has been closed in compliance with the requirements of the Act
and the regulations; or
(b) the owner or operator has completed post closure care in compliance with
the requirements of the Act and the regulations; or
(c) the corrective action has been successfully completed in accordance with
the Act and the regulation and financial assurance is no longer required.
if the City/Municipality desires to terminate this contract prior to proper closure or
post- closure care of the facility, or if the facility decides to provide an alternative
form of corrective action financial assurance, where applicable, it must
(a) send a notice of termination in writing addressed and delivered to the
Department; and
(b) post with the Department an acceptable alternative as provided for In the
regulations promulgated in accordance with Arkansas Code Annotated 4 846-
1603, or by any rules and regulations adopted pursuant to the Act; and
(c) receive a written acknowledgment from the Department of receipt by the
Department of an acceptable alternative assurance of financial performance.
Contract of Obligation
Form 14.147
Page
MAR -20 -199? 09:16 P.04
5. The CountylMunicipality has by resolution attached hereto and which is hereby
incorporated heroin and expressly made a part of this agreement, authorized the
s thereof to executo this contract of obligation and bind the
Co unty /M un pa li t y to the te here
8. T e ici date of this con Is the date th c ontract is ez by tho
D of t Deps
rtm ent.
IN WITNE WH EREOF t patties hereto have set their h ands obliga and seals.
City of Jacksonville /Wastewater Utility AR. DEPT .OF POIAUTIONCONTROI�a ECOLOGY
County/Munleipaoty
Tommy Swaim, MAYOR
Typed N ame and Title of Signatory Agency Typed OtmcWre Nama
..f � -C2 ✓L—
Signed N ame ! Signed Name
Date 08te
Contract of Obligation
Form: 14.197
Page 3