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ORDINANCE NO. 942 (#6-91)
AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE METROPOLITAN
SANITATION AUTHORITY; PARTICIPATION IN THE FINANCING OF
THAT AUTHORITY'S ACTIVITIES; AND, FOR OTHER LEGAL PURPOSES.
WHEREAS, pursuant to an Interlocal Cooperation Agreement
dated September 15, 1989, a study of the solid waste manage-
ment needs and capacities in central Arkansas was conducted
by Metroplan; and,
WHEREAS, the result of that 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 governmental entities in Pulaski County
have expressed their intention to design, finance, construct,
and operate a solid waste management system, principally in
and for Pulaski County, Arkansas, and the governmental
entities within it ("System"), without excluding the possi-
bility that the System ultimately proposed, approved, and
constructed will encompass additional counties and the
municipalities within them; and,
WHEREAS, such a System will be operated for the common
good of its members and as such is undertaken with the
requirement that the tipping fee at any solid waste disposal
facility shall be equally applied to all. members in good
standing of the System; and,
WHEREAS, such a System is to be designed and operated so
as to meet state and federal environmental requirements and
standards and to provide solid waste processing and disposal
services to the residents within its boundaries in an
economical and efficient manner and in fulfillment of the
governmental entities' statutory responsibilities for such
disposal; and,
WHEREAS, it is in the best interest of Jacksonville and
its residents that such a System be effectuated and financed
through the formation of a sanitation authority pursuant to
Act 699 of 1979 (Ark. Code Ann, Sects. 14--233-101 et seq.),
and it is the desire of this body that such an authority be
created and that Jacksonville become a member thereof;
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 execute an application to the Secretary of State of
Arkansas for formation of a sanitation authority as a public
body and a body corporate and Politic ("Authority") to be
called the Metropolitan Sanitation Authority or other
suitable name on the following terms, which application has
been exhibited to and is hereby approved by this body for
filing without further action or authorization of this body:
a) Initial M mh rship - The initial members of the
Authority shall include all or any two of the following
governmental entities: the Cities of Little Rock, North
Little Rock, Jacksonville, Sherwood, Cammack Village,
Al
Wrightsville, Alexander, and Maumelle, and the County of
Pulaski, provided that the application shall be presented to
the Secretary of State only upon approval by those of the
named entities whose population according to the last
decennial census is as least sixty-five percent (65%) of
their collective population, calculated by that same census
;the "Participants");
b) Qwers and Limitations - The Authority shall have
all of the powers set forth in Ark, Code Ann. Section
14-233-107, with the limitation that it may not impose
tipping fees for its member entities in good standing other
than on a uniform basis.
0) irectoro - Votina Riahts - (i) Each governmental
entity shall, by vote of its governing body, elect a member
to the Board of Directors of the Authority for a term of one
(1) calendar year, which member may be the entity's chief
executive or a member of its governing body; (ii) any such
member may be removed and replaced prior to the expiration of
the current term at the discretion of the electing body
without cause; (iii) there shall be no limit on the number of
terms for which a member may be elected; (iv) any three (3)
members may call a special meeting on reasonable notice to
the other members and a majority of members shall constitute
a quorum, subject to the provisions hereof for weighted
voting; and (v) each member shall have one (1) vote and a
majority of the Board members shall prevail, except when
setting tipping or other user fees or incurring Authority
debt, in which cases the vote shall be weighted according to
the number of residents thereof according the last decennial
census (which shall include only the unincorporated portions
of Pulaski County, for all of the purposes hereof), in
accordance with procedures established in by-laws adopted by
the members; provided no entity shall cast more than forty
percent (40%) of the entire voting power of the Board of
Directors, and no such fees shall be set or debt incurred
without the affirmative vote of Board members representing
three (3) governmental entities and a majority of the entire
voting power; and,
d) Duxion_ - The Authority's duration shall be
perpetual unless dissolved in accordance with Arkansas law.
SECTION TWO: The authority and approval evidenced by
this Ordinance shall be irrevocable and not subject to
withdrawal unless the requisite number of governmental
entities with the requisite population fails to approve
formation of the Authority on or before July 1, 1991.
SECTION THREE: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION FOUR: The authority and approval evidenced
hereby and the prompt attention to the sanitation needs of
the community being necessary to the health and welfare of
the citizens thereof, an emergency is hereby declared and
this Ordinance shall take effect immediately upon its passage
and publication, as provided by and subject to applicable
law.
APPROVED AND ADOPTED THIS 7th DAY OF FEBRUARY, 1991.
TOMMY SWAIM
TOMMY SWAIM,MIMIAYOR
ATTEST;
LUL M. LEONARD, 'tITY CLERK
ROB
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