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1557ORDINANCE NO, 1557 (#17 - 2016) AN ORDINANCE AUTHORIZING DISSOL UTION OF THE NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD; REVOKING 1MC 13.10; AND, FOR OTHER PURPOSES, WHEREAS, pursuant to the provisions of the City Council of the City of Jacksonville, Pulaski County, Arkansas, Ordinance No. 1207 (#15-03), dated October 2, 2003, the North Pulaski Waterworks Public Facilities Board (NPWPFB), is a public facility board that provides potable water and was created by Jacksonville Municipal Code § 13.10, effective October 2, 2003; WHEREAS, under State law, the City Council of the City of Jacksonville, Pulaski County, Arkansas, has the authority to dissolve such Board; WHEREAS, at the request of Mid Arkansas Utilities PWA and the NPWPFB, the City Council of the City of Jacksonville, Pulaski County, Arkansas, desires to dissolve NPWPFB; WHEREAS, the NPWPFB Board has authorized the sitting President of the Board to execute any and all documents necessary to effect the dissolution of NPWPFB; and, WHEREAS, the City Council of the City of Jacksonville, Pulaski County, Arkansas, has determined that it is in the best interest of the City of Jacksonville, Pulaski County, Arkansas, to authorize the Mayor and City Clerk to execute any and all documents necessary to effect the dissolution of NPWPFB. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OFIACKSONVILLE, ARKANSAS, THA T; SECTION ONE, Dissolution. The North Pulaski Waterworks Public Facilities Board, created by Ordinance No. 1207 (#15-03) adopted on October 2, 2003, be and the same is hereby dissolved, subject to the terms and conditions hereof. SECTION TWO, Injunction Against Further Action NPWPFB is hereby enjoined from taking any further action. Simultaneously upon the effective date of the dissolution, the NPWPFB shall cease all operations and activities, which operations and activities shall be transferred to the Mid -Arkansas Utilities Public Water Authority of the State of Arkansas automatically and � AS, ,a ORDINANCE NO. 1557 (#17 — 2016) PAGE TWO without further action by either the City of Jacksonville, Pulaski County, Arkansas, or North Pulaski Waterworks Public Facilities Board. SECTION THREE, Payment of All Creditors and Obligees Upon the Effective Date of Dissolution, Mid -Arkansas Utilities Public Water Authority of the State of Arkansas assumes all legal obligations to pay all existing and outstanding creditors and obliges of NPWPFB. SECTION FOUR, Assumption of Services Provided by the NPWPFB. Mid -Arkansas Utilities Public Water Authority of the State of Arkansas has assumed the operation of the services previously provided by NPWPFB, which services are necessary for the health, safety and welfare of the users of the water system. SECTION FIVE, Effective Date of Dissolution. The dissolution of the NPWPFB shall take effect upon passage of this Ordinance. SECTION SIX, Authorization and Authority to take all Necessary Action The Mayor of the City of Jacksonville, Pulaski County, Arkansas, and the City Clerk are hereby authorized and directed to undertake any and all such acts and execute any and all such documents as may be necessary to effectuate and accomplish the purposes hereof. The sitting President of NPWPFB is also hereby authorized and directed to undertake any and all such acts and execute any and all such documents as may be necessary to effectuate and accomplish the purposes hereof as well. SECTIONSEVEN. Repeal and Revocation Passage of this Ordinance specifically revokes and repeals IMC 13.10 et. seq. in its entirety. SECTION EIGHT, Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance. SECTION NINE, Effective Date. This Ordinance shall take effect upon its passage and publication, as required by law and upon approval by the City Council as set forth above. ORDINANCE NO, 1557 (#17 - 2016) PAGE THREE APPROVED AND ADOPTED THIS I5t' DA Y OF SEPTEMBER, 2016. CITY OF JACKSONVILLE, ARKANSAS