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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 I . 4 F F - CH' ', AYOR ATTEST: ,_ A� .� • ; � ' T t . II SUSAN D ITT, CITY CL =RK - _ ✓, w / • ' . • _ S " DAST• "R : " ." I A ► ROBE' T E. BAMB�