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0494 .t .• 8 " ' � ' �v I, ORDINANCE NO. 4 9 4 AN ORDINANCE ESTABLISHING A WATER COMMISSION FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF JACKSONVILLE, ARKANSAS, that: SECTION 1. There is hereby created pursuant to Ark. Stat. Ann. ® 19 -4220, et seq, Waterworks Commission to consist of three citizens who are qualified electors of the City of Jack- sonville. The commissioners shall be appointed by the Mayor and confirmed by two - thirds vote of the duly elected members of the City Council and shall hold office for a term of eight years; provided that those commissioners first appointed and confirmed after the passing of this Ordinance shall serve for terms of four, six and eight years each to be designated by the Mayor and City Council and thereafter and upon expiration of their respec- tive terms their successors shall be appointed by the two remain- ing commissioners subject to approval of two- thirds of the duly elected and qualified members of the City Council for a term of eight years. The City Council shall have authority to fix and prescribe the salaries to be paid to said commissioners. In the event of a vacancy occurring on the Commission it shall be filled in the following manner: The two remaining commissioners will appoint a member subject to approval of two - thirds of the duly elected and qualified members of the City Council to fill such vacancy. The commissioners shall file the oath required by law in the State of Arkansas of public officials. Any commissioner appointed by the provisions of this Ordinance may be removed for cause on a two - thirds vote of the duly elected and qualified members of the City Council. Provided further, that any commis- sioner who is absent from more than three consecutive meetings of the Commission shall be declared ineligible to serve and a vacancy shall be immediately declared to exist and said vacancy shall be filled according to the provisions of this Ordinance. SECTION 2. Said commissioners shall take full and complete control of all properties of every kind and character belonging to the City of Jacksonville and used in connection with the said waterworks system, whether situated within or without the city limits of the City of Jacksonville. Said commissioners shall have full and complete authority to manage, operate, improve, extend and maintain the municipal waterworks and distribution system and shall have full and complete charge of said plant, including the right to employ any and all assistants and employees of whatsoever nature, kind or character, and to fix, regulate and pay their salaries, it being the intention of this chapter to vest in said commissioners unlimited authority to operate, manage, maintain, improve and extend said municipally owned waterworks and distri- bution system and to have full and complete charge thereof; pro- vided however, that said commissioners shall not have authority or power to sell, mortgage or encumber said waterworks and dis- tribution system unless the same be done in accordance with Act 131 of the Acts of 1933 as amended, or unless authorized by mandate of an election called for that purpose. The commissioners shall adopt such rules and regulations as they deem necessary and expedient for the proper operation and management of said water- works and distribution system, and shall have authority to alter, change or amend such rules and regulations at their discretion. • c. Page Two They shall submit monthly reports and annual audits of the operations to the Mayor and City Council, and furnish such other or further reports, data or information as may be re- quested by the Mayor and City Council. SECTION 3. This Ordinance being necessary for the im- mediate preservation of the public health, safety, welfare and morale of the citizens of the City of Jacksonville, Arkansas, an emergency is hereby declared to exist and the above Ordi- nance shall be in full force and effect immediately after its passage. APPROVED AND ADOPTED THIS 07c day of 0 , 1978. CITY OF JACKSONVILLE, ARKANSAS by e f' Mayor ATTEST: f . / .L Y f4 City C erk APPROVED AS TO FORM: rilrittior Ronald C. Mills, City Attorney