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0495 !IF ' / 495 ORDINANCE NO. AN ORDINANCE ESTABLISHING A SEWER 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 -4102, a Sewer Committee to consist of five citizens who are qualified electors of this City. The Committee shall also be known as the Jacksonville Sewer Commission and the Com- missioners 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 five years: provided that the Commissioners first appointed and confirmed after the passing of this Ordinance shall serve for the terms of five, four, three, two, one years, respectively, each to be designated by the Mayor and City Council and thereafter and upon expiration of their respective terms their successors shall be appointed by the re- maining Commissioners and subject to the approval of two - thirds of the duly elected end qualified members of the City Council for a term of five 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 Commissioners it shall be filled in the following manner: The remaining Commissioners will appoint subject to a two - thirds vote 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 commissioners ap- pointed by the provisions of this Ordinance may be removed for cause upon a two - thirds vote of the duly elected and qualified members of the City Council. Provided further, that any Commis- sioner who is absent for more than three consecutive meetings of the Jacksonville Sewer Commission shall immediately cease to be eligible to serve on said Commission and a vacancy shall be de- clared to exist and said vacancy shall immediately be filled ac- 1 cording to the provisions of this Ordinance and the citizen so appointed shall serve out the remaining term of the Commissioner who was declared ineligible to serve because of absences from Commission meetings. Provided further, that after a Commissioner's term has expired and a citizen has been nominated by the remain- ing Commissioners as a successor for a new term, then and in that event, should the nominated citizen fail to receive the necessary two - thirds vote of approval required by the Ordinance, then the Commissioner whose term has expired shall not continue to serve until a successor is approved but rather, the seat shall be de- 1 clared vacant and remain so until a qualified successor is ap- pointed. SECTION 2. The Sewer Commission shall have full and com- plete authority to manage, operate, improve, extend and maintain the municipal sewer system and shall have full and complete charge of said plant, including the right to employ any and all assis- tants and employees of whatsoever nature, kind or character, and to fix, regulate and pay their salaries, it being the intention of this article to vest in said committee unlimited authority to operate, manage, maintain, improve and extend said municipally owned sewer plant and collection system and to have full and com- plete charge thereof. Provided said commission shall not have authority or power to sell, mortgage or encumber said sewer plant and system unless the same be done in accordance with Act 132 of the Acts of 1933, as amended, or unless authorized by mandate of an Page Two election called for that purpose. The commission shall adopt such rules and regulations as they deem necessary and expedient for the proper operation and management of said sewer plant and collection system, and shall have authority to alter, change or amend such rules and regulations at their discretion. 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 requested by the Mayor and City Council. SECTION 3. This Ordinance being necessary for the imme- diate 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 ,10 day of a , 1978, CITY OF JACKSONVILLE, ARKANSAS by , / Mayor ATTEST: i Av City Clerk APPROVED AS TO FORM: f %l �r • Ronald C. Mills, City Attorney