0521 e
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ORDINANCE NO. 5 2 1
AN ORDINANCE CREATING THE CITY OF JACKSONVILLE
HEALTH CARE FACILITIES BOARD PURSUANT TO THE
PROVISIONS OF ACT NO. 142 OF THE ACTS OF
ARKANSAS OF 1975; PROVIDING FOR THE APPOINTMENT
OF THE INITIAL MEMBERS THEREOF; PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Jacksonville, Arkansas (the "City "),
pursuant to the provisions of Act No. 142 of the Acts of the
General Assembly of the State of Arkansas for the year 1975
(the "Act "), is authorized to establish public facilities boards
for the purposes set forth in the Act, which includes assisting
in the accomplishment and financing of health care facilities
within or near the City, and •
WHEREAS, the providing of needed health care facilities
(including specifically facilities for the residential housing,
training and education of persons who may be mentally retarded
or developmentally disabled, and facilities related or incidental
thereto, referred to herein as "facilities for the developmentally
disabled ") will be aided by the creation of a Health Care Facilities
board to assist in the accomplishment and financing facilities for
the developmentally disabled; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE, ARKANSAS:
Section 1. The City Council of the City hereby finds
and determines that the public purpose of accomplishing and
financing facilities for the developmentally disabled may best
be served by establishing a public facilities board to accomplish
and finance facilities for the developmentally disabled, as
provided in the Act.
Section 2. Pursuant to the authority of the Act there
is hereby created and established the "City of Jacksonville,
Arkansas Health Care (Developmentally Disabled) Facilities Board"
(hereinafter referred to as the "Board ") with authority as here-
inafter provided to accomplish and finance, concerning and otherwise
f
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act, in such manner as may be permitted by the Act, to provide
facilities for the developmentally disabled within or near the
City.
**
Section 3. The Board shall consist of five persons.
The initial members shall be appointed by the Mayor of the City
after consultation with the City Council. The members shall
serve for terms of one, two, three, four, and five years,
respectively. Successor members shall be selected as provided
in the Act. The members of the Board shall be residents of the
City and shall take and file with the City Clerk the oath of
office as prescribed by the Act. As soon as practicable after
the enactment of this Ordinance each member of the Board shall
qualify by taking and filing with the City Clerk the oath of
office as prescribed by the Act.
Section 4. The Board is empowered, from time to time,
to loan, acquire, construct, reconstruct, extend, equip, improve,
sell, lease, operate and contract concerning facilities for the
developmentally disabled as shall be determined by the Board to
be necessary to effect the purposes of this Ordinance. In addition,
the Board shall have each of the powers set forth in Section 7 of
the Act, as amended, and appropriate to the purposes for which the
Board is created. The Board may enter into such contractual or
cooperative agreements with such persons as may, in its discretion,
be advisable to accomplish the purposes of this Ordinance, including
without limitation, departments, agencies or instrumentalities of
the United States of America, the State of Arkansas or the City.
Section 5. The Board is authorized to issue revenue
bonds, from time to time, and to use the proceeds, either alone
or together with other available funds and revenues, to accomplish
the purposes for which the Board is created as the same relates
to the providing of facilities for the developmentally disabled.
Such revenue bonds shall be obligations only of the Board and shall
not constitute an indebtedness for which the faith and credit of
the City or any of its revenues are pledged, and the principal and
interest on the bonds shall be payable from and secured by a pledge
* *amendment: See attached page of five individuals named to the board.
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of revenues derived from facilities financed, in whole or in part, '
from bond proceeds and as authorized by, and in accordance with
the provisions of the Act, together with such other collateral
as may properly be pledged under the Act and as the Board in its
discretion may determine.
Section 6. As soon as practicable after the adoption
of this Ordinance the Board shall meet and elect such officers
as shall be required by the Act. The Board may adopt such by -laws
and other rules and regulations as shall be necessary for the
conduct of its business and consistent with the provisions of
the Act. The Board shall cause to be filed with the City Clerk
of the City the annual report described in Section 18 of the Act.
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Section 7. If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect the other provisions or applications
of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
Section 8. All ordinances and resolutions of the City,
or parts thereof, in conflict with this Ordinance are hereby
repealed to the extent of such conflict.
Section 9. It is hereby found and determined that there
is an immediate and urgent need for facilities for the developmentally
disabled in the City, and that the creation of the Board and the
exercise of the duties and powers provided in this Ordinance is
therefore necessary to the preservation of the public peace, health
and safety. Therefore, an emergency is declared to exist and this
Ordinance shall be in full force and effect from and after its
passage.
PASSED: 16 November, 1978.
APPROVED:
ATTEST:
4/1 Y Alter?
City lerk
(SEAL)
APPROVE! TO `•'y•
ty Attorney
.
*Sec. 6. Amendment: City council action /Nov. 16, 1978 — Ord. 4521
HEALTH CARE FACILITIES BOARD MEMBERSHIP
NAME: TERM: (initial)
1. McLyle Zumwalt Five Years
2. Mike O'Brien Four Years
3. Gordon Tubbs Three Years
4. Joan Zumwalt Two Years
5. Sybil Clay One Year
a 4' wa /Oi�}/o4
Nncy J e rren recorder
CITY OF KSONVILLE
for
Mrs. Floy Avants, City Clerk
CITY OF JACKSONVILLE
mes G. Rd, Ma o
CITY OF JACK ARKANSAS
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