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0498 RESOLUTION NO. 498 ( #5 - 97) A RESOLUTION AUTHOR /ZING THE MAYOR OF 7715 CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE CONTRACTS WITH THE ARKANSAS DEPARTMENT OF POLLUI7ON CONTROL AND ECOLOGY ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY, AND FOR O77IER PURPOSES. WHEREAS, THE CT' OF JACKSONVILLE, ARKANSAS BY AND THROUGH THE JACKSONVILLE WASTEWATER UTILITY, DEEMS IT NECESSARY AND PROPER TO ENTER INTO A "CONTRACT OF OBLIGATION" WITH THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY AS AUTHORIZED BY ACA §8-6- 1 603 FOR IMPROVEMENT; AND, WHEREAS, THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, I5 THE PROPER PERSON TO EXECUTE SUCH NECESSARY DOCUMENTS ON BEHALF OF THE UTILITY /CITY. NOW 771EREFORE, BE IT RESOLVED BY 771E CITY COUNCIL OF 771E CRY OF JACKSONVILLE, ARKANSAS, T71AT.- SECTION ONE: THE MAYOR IS HEREBY AUTHORIZED AS THE SIGNATORY AGENCY OF THE CITY OF JACKSONVILLE, ARKANSAS, TO ENTER INTO A CONTRACT OF OBLIGATION AS AFFIXED HERETO, WITH THE ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY, AND 15 HEREBY GRANTED THE NECESSARY AUTHORITY TO EXECUTE AND APPROVE ALL NECESSARY DOCUMENTS TO COMPLETE THE CONTRACT OF OBLIGATION ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY /CITY. SECTION TWO: ANY AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT. SECTION THREE: THIS RESOLUTION SHALL HAVE FULL FORCE AND EFFECT IMMEDIATELY AFTER ITS PASSAGE. nt APPROVED AND ADOPTED THIS DAY OF APRIL, 1 997. MA&AIAar "'kW f TOMMY SWAIM, MA OR ATTEST: LU✓. LEONARD, C RK APPRO EB)AS TO FORM: ROBERT ?. BAMBURG, ATrO: MHR -20 -1997 09:15 P.02 CONTRACT OF OBLIGATION Jacksonville THIS AGREEMENT is made and entered into by and between was tewater Utility CountyrhtuepaUty Arkansas, hereinafter referred to as the County/Municipality and the Arkansas Department of Pollution Control and Ecology, hereinafter referred to as the Department. Whereas. County /Municipality, has submitted a permit application for the construction, operation and maintenance of a solid waste disposal or processing facility pursuant to the requirements of the Arkansas Solid Waste Management Act (Arkansas Code Annotated § 8-6 -201 et sa and the regulations promulgated thereunder. Whereas, pursuant to Arkansas Code Annotated §8-6-1603 a municipality or county may execute a "Contract of Obligation" in lieu of a performance bond to provide financial assurance for corrective actions, closure, or post - closure care of the site. Then, in consideration of the Issuance of Permit No. 219 -S by the Department to Jacksonville Wastewater Utility , for the operation of solid waste disposal site and solid waste management systems, and In consideration of the mutual covenants contained herein, the Department and the County/Municipality, hereby agree as follows: 1. The County/Municipality, is hereby bound unto the Department in the sum of Fifty -Three Thousand Ninety Dollars and 00 /100 ($ 53,090.00 ) Amount In Words Amount k figures and hereby authorizes the Director of the Department, or designee, to collect said sum from any general revenues being disbursed or to be disbursed from the State of Arkansas to the County/Municipality upon failure of the County/Municipality to perform required corrective actions, close the facility or provide post - closure care where applicable in accordance with the requirements of the Act and regulations promulgated thereunder. 2. Should the Department find that the County/Munlctpality has failed to perform corrective actions, properly dose the facility or provide proper post -closure care where applicable, the Department shall notify the County/Municipality of such Contract of Obligation Form: 14.197 Page 1 MAR -20 -1997 09 15 P.03 finding and shall afford the opportunity for administrative and judicial review of such finding prior to seeking collection of any funds as authorized under this contract. 3. The County/Municipality hereby authorizes the Commissioner of Revenues and the State Treasurer to withhold any funds from general revenues being disbursed or to be disbursed from the State of Arkansas to the County/Municipality upon receiving notice from the Director of the Department of the County/Municipality's failure to perform corrective action, property close the facility or provide proper post- closure care. 4. This contract shall terminate upon written approval from the Departmontthat: (a) the facility has been closed in compliance with the requirements of the Act and the regulations; or (b) the owner or operator has completed post closure care in compliance with the requirements of the Act and the regulations; or (c) the corrective action has been successfully completed in accordance with the Act and the regulation and financial assurance is no longer required. if the City/Municipality desires to terminate this contract prior to proper closure or post- closure care of the facility, or if the facility decides to provide an alternative form of corrective action financial assurance, where applicable, it must (a) send a notice of termination in writing addressed and delivered to the Department; and (b) post with the Department an acceptable alternative as provided for In the regulations promulgated in accordance with Arkansas Code Annotated 4 846- 1603, or by any rules and regulations adopted pursuant to the Act; and (c) receive a written acknowledgment from the Department of receipt by the Department of an acceptable alternative assurance of financial performance. Contract of Obligation Form 14.147 Page MAR -20 -199? 09:16 P.04 5. The CountylMunicipality has by resolution attached hereto and which is hereby incorporated heroin and expressly made a part of this agreement, authorized the s thereof to executo this contract of obligation and bind the Co unty /M un pa li t y to the te here 8. T e ici date of this con Is the date th c ontract is ez by tho D of t Deps rtm ent. IN WITNE WH EREOF t patties hereto have set their h ands obliga and seals. City of Jacksonville /Wastewater Utility AR. DEPT .OF POIAUTIONCONTROI�a ECOLOGY County/Munleipaoty Tommy Swaim, MAYOR Typed N ame and Title of Signatory Agency Typed OtmcWre Nama ..f � -C2 ✓L— Signed N ame ! Signed Name Date 08te Contract of Obligation Form: 14.197 Page 3