1379 ORDINANCE NO. 1379 (#22 - 09)
AN ORDINANCE AMENDING JMC §13.10.110 (CREATION OF THE NORTH PULASKI
WATERWORKS PUBLIC FACILITIES BOARD); PRESCRIBING OTHER MATTERS
RELATING THERETO; DECLARING AN EMEREGENCY; AND, FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Jacksonville, Arkansas (the "City"), pursuant to the
provisions of the Public Facilities Board Act, ACA §§ 14- 137 -101 et. seq. (the "Act"), established the
North Pulaski Waterworks Public Facilities Board for the purposes set forth in the Act, including the
acquisition and potential financing of waterworks facilities within and near the City;
WHEREAS, the North Pulaski Waterworks Association, as a public facilities board of Pulaski
County, Arkansas, organized and existing under the laws of the State of Arkansas, owns and operates
waterworks facilities, to serve citizens and residents of the outlying areas of Jacksonville contained in
North Pulaski County and a portion of Faulkner County; and,
WHEREAS, in the enactment of the authorizing ordinance, various language is in need of
modification to protect and insure proper transfer and security of North Pulaski Waterworks Public
Facilities Board's assets, liabilities, and obligations through and to the City of Jacksonville and to its
members as established under local, state, and federal laws.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC §13.10.110 - Annual Reports. Said section shall be amended
and modified to read and include as follows:
Within the first Ninety (90) days of each calendar year, this Board shall make a written report
to the City Council of the City of Jacksonville, Arkansas, concerning its activities for the preceding
calendar year. Each such report shall set forth a complete operating and financial statement covering
its operation during the year. All funds under the control of the Public Facilities Board, whether held
by the Board or by the trustee or custodian, shall be subject to an annual audit to be conducted by a
private accounting firm selected by the Board through appropriate bidding procedures and funded by
the Public Facilities Board. The auditors shall identify any net eamings of the Board defined as (1)
those monies received by the Board that are not pledged to repayment of early retirement of bonds or
other indebtedness; (2) those monies not required for ordinary and necessary expenses of the Board;
and, (3) those monies released from such a pledge by means of defeasance or restructure of an
existing bond issue. Additionally, every indenture or resolution authorizing the issuance of bonds shall
expressly provide that any net eamings of the Board shall not inure to the benefit of any person or
other entity. Only in the event of dissolution shall the Board be required to provide release and
designation of said unpledged monies and/or assets to the City of Jacksonville, Arkansas, which will
be done by agreement of the parties and in compliance with all applicable local, state, and federal
laws,
Pursuant to the requirements of ACA §§ 14- 137 -110 and 111, no funds shall be expended by
said Board without: (1) authorization by the affirmative vote of a majority of the members present at a
meeting of the Board; (2) duly recorded by the Secretary in the Minutes of said meeting; and, (3)
supported by documentation justifying the lawful expenditure of public funds.
SECTION TWO: All Ordinances or parts thereof in conflict herewith are hereby
repealed to the extent of said conflict.
0091.10
ORDINANCE NO. 1379 (#22 – 09)
PAGE TWO
operation SECTION THREE: To maintain public financial stability and security in t he of
the North Pulaski Waterworks Public Facilities Board and the City of Jacksonville, Arkansas, an
emergency is hereby declared to exist. This Ordinance, being necessary for the immediate
preservation of public peace, welfare, health, and safety, shall be in full force and effect from and after
its passage and approval.
APPROVED AND ADOPTED THIS gdRDAY OF AUGUST, 2009.
C • • 4• KSONVILLE, ARKA AS
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F F - CH' ', AYOR
ATTEST:
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II SUSAN D ITT, CITY CL =RK - _
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