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.
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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
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SUSAN D iCLERK
APPROVED AS TO FORM: �`
ROBERT E. HAMBURG, CITY ATTORNEY