1557ORDINANCE NO, 1557 (#17 - 2016)
AN ORDINANCE AUTHORIZING DISSOL UTION OF THE NORTH PULASKI
WATERWORKS PUBLIC FACILITIES BOARD; REVOKING 1MC 13.10;
AND, FOR OTHER PURPOSES,
WHEREAS, pursuant to the provisions of the City Council of the City of
Jacksonville, Pulaski County, Arkansas, Ordinance No. 1207 (#15-03), dated
October 2, 2003, the North Pulaski Waterworks Public Facilities Board (NPWPFB),
is a public facility board that provides potable water and was created by
Jacksonville Municipal Code § 13.10, effective October 2, 2003;
WHEREAS, under State law, the City Council of the City of Jacksonville,
Pulaski County, Arkansas, has the authority to dissolve such Board;
WHEREAS, at the request of Mid Arkansas Utilities PWA and the
NPWPFB, the City Council of the City of Jacksonville, Pulaski County, Arkansas,
desires to dissolve NPWPFB;
WHEREAS, the NPWPFB Board has authorized the sitting President of the
Board to execute any and all documents necessary to effect the dissolution of
NPWPFB; and,
WHEREAS, the City Council of the City of Jacksonville, Pulaski County,
Arkansas, has determined that it is in the best interest of the City of Jacksonville,
Pulaski County, Arkansas, to authorize the Mayor and City Clerk to execute any
and all documents necessary to effect the dissolution of NPWPFB.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THA T;
SECTION ONE, Dissolution. The North Pulaski Waterworks Public
Facilities Board, created by Ordinance No. 1207 (#15-03) adopted on October 2,
2003, be and the same is hereby dissolved, subject to the terms and conditions
hereof.
SECTION TWO, Injunction Against Further Action NPWPFB is
hereby enjoined from taking any further action. Simultaneously upon the
effective date of the dissolution, the NPWPFB shall cease all operations and
activities, which operations and activities shall be transferred to the Mid -Arkansas
Utilities Public Water Authority of the State of Arkansas automatically and
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ORDINANCE NO. 1557 (#17 — 2016)
PAGE TWO
without further action by either the City of Jacksonville, Pulaski County,
Arkansas, or North Pulaski Waterworks Public Facilities Board.
SECTION THREE, Payment of All Creditors and Obligees Upon
the Effective Date of Dissolution, Mid -Arkansas Utilities Public Water Authority of
the State of Arkansas assumes all legal obligations to pay all existing and
outstanding creditors and obliges of NPWPFB.
SECTION FOUR, Assumption of Services Provided by the
NPWPFB. Mid -Arkansas Utilities Public Water Authority of the State of
Arkansas has assumed the operation of the services previously provided by
NPWPFB, which services are necessary for the health, safety and welfare of the
users of the water system.
SECTION FIVE, Effective Date of Dissolution. The dissolution of
the NPWPFB shall take effect upon passage of this Ordinance.
SECTION SIX, Authorization and Authority to take all
Necessary Action The Mayor of the City of Jacksonville, Pulaski County,
Arkansas, and the City Clerk are hereby authorized and directed to undertake
any and all such acts and execute any and all such documents as may be
necessary to effectuate and accomplish the purposes hereof. The sitting
President of NPWPFB is also hereby authorized and directed to undertake any
and all such acts and execute any and all such documents as may be necessary
to effectuate and accomplish the purposes hereof as well.
SECTIONSEVEN. Repeal and Revocation Passage of this
Ordinance specifically revokes and repeals IMC 13.10 et. seq. in its entirety.
SECTION EIGHT, Severability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be unconstitutional or
invalid by any Court of competent jurisdiction, such decision shall not affect the
remaining portions of this ordinance.
SECTION NINE, Effective Date. This Ordinance shall take effect
upon its passage and publication, as required by law and upon approval by the
City Council as set forth above.
ORDINANCE NO, 1557 (#17 - 2016)
PAGE THREE
APPROVED AND ADOPTED THIS I5t' DA Y OF SEPTEMBER, 2016.
CITY OF JACKSONVILLE, ARKANSAS