094119
ORDINANCE NO. 941 (#55-91�
AN ORDINANCE AUTHORIZING THE EXECUTION OF A JOINT FINANCING
AGREEMENT GOVERNING THE PLANNING, DESIGN, AND DEVELOPMENT OF
ONE OR MORE SOLID WASTE MANAGEMENT SYSTEMS IN PULASKI COUNTY,
ARKANSAS; THE FINANCING OF THAT PLANNING, DESIGN, AND
DEVELOPMENT; AND, FOR OTHER LEGAL PURPOSES.
WHEREAS, pursuant to an Interlocal Cooperation Agreement
dated September 15, 1939, a study of the solid waste manage-
ment needs and capacities in central Arkansas was conducted
by Metroplan; and,
WHEREAS, the result of 't -hat study was a recommendation
that solid waste management in central Arkansas be conducted
on a regional basis, as the most efficient, economical, and
environmentally sound approach; and,
WHEREAS, the Metropolitan Sanitation Authority
("Authority") is being organized to plan, design, and develop
a system or systems for such regional solid waste management;
and,
WHEREAS, funds may be borrowed for such planning and
design on reasonable terms from the Arkansas Soil and Water
Conversation Commission under its Waste Disposal and
Pollution Abatement Facilities General Obligation bond
Program; and,
WHEREAS, the Metroplan Board of Directors, by Resolution
No. 13-90, authorized the Metroplan staff to make application
for such financing up to the sum of One Million Dollars
($1,000,000) to be repaid by the Authority from pledged
revenues, including those generated by solid waste management
within its boundaries; and,
WHEREAS, it is necessary that assurances be given by the
Participating governmental entities with reference to the
flow of waste and revenues; and,
WHEREAS, it is in the best interest of the citizens of
Jacksonville, Arkansas, to participate in such planning,
design, and development on a regional basis, through the
Authority, and to take advantage of the economies of bond
financing, and to grant the assurances necessary to support
that financing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF
THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The City of Jacksonville, Arkansas,
through its Mayor and City Clerk, is authorized and directed
to enter into and approve a Joint Financing Agreement in
substantially the form annexed hereto as fully as if set
forth herein word for word, which Agreement shall -become
effective as and when the conditions set forth within it are
met.
SECTION TWO: The aforesaid officials are likewiSE
authorized to execute documents further evidencing anc_-
securing the obligation of Jacksonville, Arkansas, to repal
borrowed funds as set forth in the Agreement, from pledgec
revenues, without further action.
k5
SECTION THREE: The authority and aproval evidenced by
this Ordinance shall be irrevocable a -id not subject to
ic
withdrawal unless the requisite number of governmental
entities fail to approve formation of the Authority on or
before July 1, 1991.
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SECTION FOUR: All Ordinances or parts of Ordinanoes in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION FIVE: The authority and approval evidenced
hereby and the commencement of the planning and design
contemplated by the Agreement being necessary to the health
and welfare of the citizens of Jacksonville, Arkansas, an
emergency is hereby declared and this Ordinance shall take
effect immediately upon its passage and its publication, as
provided by applicable law.
APPROVED AND ADOPTED THIS 7th DAY OF FEBRUARY, 1991.
-TOMMY S�WAIM MAW�����
ATTEST:
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LEONARD, -TTY CLERK
ROBERT �. BAMBURG, eITY�ATTO