Loading...
1376 ORDINANCE NO. 1376 ( #19 - 09) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 2,84 (RESIDENTIAL HOUSING FACILITIES BOARD) PURSUANT TO THE PROVISIONS OF THE ARKANSAS PUBLIC FACILITIES BOARDS ACT; CHANGING THE NAME OF THE BOARD TO THE CITY OF JACKSONVILLE PUBLIC FACILITIES BOARD; APPROVING ADDITIONAL STATUTORIAL AUTHORITIES AND POWERS; PRESCRIBING OTHER MATTERS PERTAINING TO THE BOARD; DECLARING AN EMERGENCY AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas (the "City'), pursuant to the provisions of The Arkansas Public Facilities Boards Act (ACA §§ 14-137 -101 et. pursuant to Ordinances Nos. 516, 518, and seq. as amended), (the "Act") and pur s t , No. 522 of 1978 and Ordinance N . 575 of 1980 created and promulgated Code 2.84 Residential Housing Jacksonville Municipal Co § ( 9 Facilities Board); WHEREAS, since original enactment of the Act and adoption of the above listed Ordinances and Code provisions, the Arkansas General Assembly has expanded the authority and substantially p tY powers that may be granted to public P f facilities boards to include the development and opportunity to provide financing ac P P of numerous public facilities projects in addition to residential housing; and, pub p - -- WHEREAS, the public welfare of the City will be enhanced by granting an extension of additional authority and powers to the Jacksonville Residential Housing Facilities Board to allow pursuit of the planning, development, and financing of other public projects and facilities to benefit the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Change of Name. Pursuant to the authority granted in the Act, JMC § 2.84 is hereby amended and modified to provide that the name of the City of Jacksonville Residential Housing Facilities Board is hereby changed. The Board will hereafter be known as the City of Jacksonville Public Facilities Board (the "Board "). SECTION TWO: Membership of the Board & Term(s) of Office. JMC § modified to provide that the current members of 2.84.030 shall be amended and mod p Housing the City of Jacksonville Residential ou g Facilities Board shall continue as the members of the City o f Jacksonville Public Facilities Board. Said members shall continue to fill the terms currently being served. The provisions of ACA §§ 14- 137 -108 - 110 shall govern the members and meetings of said Board. SECTION THREE: Powers. JMC § 2.84.040 shall be amended and modified to provide that the Board shall have all authority and power to undertake the planning, development, and financing for one or more public facilities projects as permitted within the meaning and scope of ACA §§ 14 -137- 106 - 111 of the Act, as amended, from time to time. The governing body of this City may, at its sole discretion and at any time, after or change the structure, organization, programs, or activities to the Board, including the exercise of power to terminate the Board. However, no such action shall be effective to alter or impair contracts entered into by the Board prior to the effective date of any such action. 825511 -v1 // ORDINANCE N0. 1376 ( #19 — 09) Page Two SECTION FOUR: Issuance of Bonds JMC § 2.84.050 shall be amended and modified to provide that 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 of the Board. The powers granted to the Board in this Code as the same relate to the planning, development, and financing of public facilities projects permitted under the Act, and 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 of Jacksonville are pledged, except as may be otherwise determined by the City Council of the City of Jacksonville in subsequent Ordinances. The principal and interest on any revenue bonds of the Board shall be payable from and secured by a pledge of revenues received by the Board, in whole or in part, from bond proceeds and as authorized by and in accordance with the provisions of the Act and subsequent Resolutions of the Board. SECTION FIVE: Provisions The provisions of JMC § 2.84 not specifically amended herein shall remain in full force and effect. SECTION SIX; Emergency. It is hereby found and determined that there is an immediate and urgent need for the providing of various public facility p rojects, specifically including educational facilities, in the City of Jacksonville, and the amendment of the Ordinances creating and establishing the Board to grant to the Board additional powers and authority to plan, develop, and finance such public facilities projects and the exercise by the Board of the duties and powers provided in th i s Ordinance are necessary for the preservation of the public peace, health, and safety of the City. Therefore, an emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its date of passage. APPROVED AND ADOPTED THIS L DAYOFAUGUST, 2009. CITYOFIACKSONVILLE, ARKANSAS a / e F CHE: ' YOR ATTE .a t.__ .�. - •.• — SUSAN D iCLERK APPROVED AS TO FORM: �` ROBERT E. HAMBURG, CITY ATTORNEY