HomeMy WebLinkAboutOrdinance 2574 : i
ORDINANCE NO . cPr7y
DEC COP, C,
AN ORDINANCE TO APPROVE AND AUTHORIZE MEMBERStflP �-,J , �0
BY THE CITY OF FAYETTEVILLE IN THE NORTHWEST �; � �;U y
ARKANSAS REGIONALAND SOLID OWASTEHER DISPOSAL AUTHORITY Jit nAR�
WHEREAS , the governments within Benton and Washington Counties ,
Arkansas , including the governments of the cities of Avoca , Bethel
Heights , Bentonville , Cave Springs , Centerton , Decatur , Garfield ,
Gateway , Gentry , Gravette , Highfill , Little Flock , Lowell , Pea
Ridge , Rogers , Siloam Springs , Sulphur Springs , Bella Vista ,
Elkins , Elm Springs , Farmington , Fayetteville , Greenland , Johnson ,
Lincoln , Prairie Grove , Springdale , Tontitown , West Fork and
Winslow , agree to submit a proposal to their governing bodies
whereby these cities would cooperate in the organization and
operation of a Northwest Arkansas Regional Solid Waste Disposal
Authority ; and ,
WHEREAS , it is felt to be in the best interests of the City
of ' Fayetteville that such authority be created ; and ,
WHEREAS , it is felt to be in the best interests of the City
of Fayetteville that the city of Fayetteville
become a member of such authority .
NOW , THEREFORE , be it ordained by the Board of Directors of
the City of Fayetteville , Arkansas :
1 . That the City of Fayetteville , Arkansas , shall join in
the creation of a Northwest Arkansas Regional Solid Waste Disposal
Authority , along with the following counties , cities and towns :
Benton County , Washington County , Avoca , Bethel Heights , Benton-
ville , Cave Springs , Centerton , Decatur , Garfield , Gateway , Gentry ,
Gravette , Highfill , Little Flock , Lowell , Pea Ridge , Rodgers ,
Siloam Springs , Sulphur Springs , Bella Vista , Elkins , Elm Springs ,
X95. MKXOFlLMED
DATE JAN 3 �qgp
REEL
Farmington , Fayetteville , Greenland , Johnson , Lincoln , Prairie
Grove , Springdale , Tontitown , West Fork , and Winslow .
2 . That the City of Fayetteville , Arkansas , is hereby
authorized to become an initial member of the Northwest Arkansas
Regional Solid Waste Disposal Authority .
3 . That the powers of such authority shall be as follows :
( a ) To own , acquire , construct , reconstruct , extend , equip ,
improve , operate , maintain , sell , lease , contract , concerning or
otherwise deal in or dispose of any real property , personal
property , or mixed property of any and every kind that can be
used or that will be useful in the controlling , collecting , storing ,
removing , handling , reducing , disposing of , treating , and other -
wise dealing in and concerning solid wastes , including , without
limitation , property that can be used or that will be useful in
extracting , converting to steam ( including the acquisition .,
handling , storage , and utilization of coal , lignite or other fuels
of ' any kind or water that can be used or that will be useful in
converting solid wastes to steam) and distributing such steam to
users thereof , or otherwise separating and preparing solid wastes
for reuse .
(b ) To have perpetual succession as a body politic and
corporate and to adopt bylaws for the regulation of the affairs
and the conduct of its business , and to prescribe rules , regula-
tions and policies in connection with the performance of its
functions and duties .
( c ) To adopt an official seal and alter the same at pleasure .
( d ) To maintain an office at such place or places as it may
determine .
cn1CO2 896
i
( e ) To sue and be sued in its own name , and to plead and
be impleaded .
( f) To make and execute contracts and other instruments
necessary or convenient in the exercise of the powers and
functions of the authority under Act 699 of 1979 , including
contracts with persons , firms , corporations and others .
( g ) To apply to the appropriate agencies of the state ,
the United States or any state thereof , and to any other
proper agency for such permits , licenses , certificates or
approvals as may be necessary , and to construct , maintain and
operate projects in accordance with , and to obtain , hold and
use , such licenses , permits , certificates or approvals in the
same manner as any other person or operating unit of any other
person .
(h) To employ engineers , architects , attorneys , real
estate counselors , appraisers , financial advisors and such other
consultants and employees as may be required in the judgment of
the authority and to fix and pay their compensation from funds
available to the authority therefor .
( i ) To purchase all kinds of insurance including , but not
limited to , insurance against tort liability , business interrup -
tion , and / or risks of damage to property .
(j ) To fix , charge and collect rents , fees and charges
for the use of any project or portion thereof , or for steam
produced therefrom .
(k) To accomplish projects as authorized by Act 699 of
1979 and the ordinances creating the authority .
( 1 ) To distribute steam produced by a project toany
person , municipality or county . ® 10 , 0 n 2 897
I
(m) To buy , sell , exchange , own and generally deal
in real property , improved and unimproved , and buildings of
every class and description .
(n ) To pledge or hypothecate any and all property of
the authority , both real , personal and mixed , owned or leased
by the authority for cash , on credit and time payment and to
generally finance any property , both real , personal and mixed ,
sold or leased by this authority .
( o ) To issue tax- exempt bonds pursuant to the terms and
provisions authorized in Act 699 of 1979 and amendments thereto .
( p ) To do any and all other acts and things necessary ,
convenient or desirable to carry out the purposes , and to
exercise the powers granted to the authority herein .
4 . That the number of directors of such authority and the
voting rights of each director shall be as follows :
The number of directors constituting the board of directors
of the authority shall be the same as the number of members of
the authority , with each member entitled to place one director
on the board of directors of the authority . Each such director
shall be entitled to one vote on all matters relating to the
affairs of the authority .
5 . That the application of the initial members of the
Northwest Arkansas Regional Solid Waste Disposal Authority is
attached hereto and made part hereof , and said application is
approved in all things .
6 . That it is determined by the Board of Directors for the
City of Fayetteville , Arkansas , that an emergency is hereby
declared to exist and that this ordinance being necessary for the
® 1002 898 "
immediate preservation of the public health , peace and safety ,
shall be in effect immediately from the date of passage and
approval .
7 . That this ordinance shall be in effect from and after
its approval , passage and publication , and a recording of a
certified copy thereof with the Recorder of Washington County ,
Arkansas ,
PASSED AND APPROVED this day of t. ,
1979 .
MAYOR
ATTEST :
E� nUdtSak
CITY C19ERK
CERTIFICATE
I , Angela Medlock , City Clerk , City of Fayetteville ,
Washington County , Arkansas , do hereby certify that the above
and foregoing is a true and correct copy of an ordinance numbered
0614/ duly passed and approved by the Board of Directors and
Mayor of the City of Fayetteville , Arkansas , on the
day of 1979 , the same being recorded in book number
at page
MIU02 899
S l
APPLICATION OF THE NORTHWEST ARKANSAS REGIONAL
SOLID WASTE DISPOSAL AUTHORITY FOR STATUS AS A
PUBLIC BODY AND BODY CORPORATE AND POLITIC
PURSUANT TO ACT 699 OF 1979
The undersigned , natural persons of the age of twenty -one
years or more , acting as representatives of their respective
counties , municipalities and towns , hereby apply to the
Secretary of State for the State of Arkansas for designation of
the Northwest Arkansas Regional Solid Waste Disposal Authority
as a public body and body corporate and politic pursuant to
Act 699 of 1979 , and for approval of the Articles of Association
of the Northwest Arkansas Regional Solid Waste Disposal Authority ,
and for these purposes adopt the following Articles of Association
for such authority :
First , the name of the authority shall be :
Northwest Arkansas Regional Solid Waste Disposal
Authority .
Second , the period of duration. of the authority shall be
perpetual .
Third , this association is organized for the following
specific purposes which are in addition to the general purposes
hereinafter set forth :
( a ) To own , acquire , construct , reconstruct , extend ,
equip , improve , operate , maintain , sell , lease , contract ,
concerning or otherwise deal in or dispose of any real
property , personal property , or mixed property of any and
every kind that can be used or that will be useful in
the controlling , disposing of , treating , and otherwise
dealing in and concerning solid wastes , including ,
without limitation , property that can be used or that will
be useful in extracting , converting to steam ( including
x® 1002 900
I
the acquisition , handling , storage , and utilization
of coal , lignite or other fuels of any kind or water
that can be used or that will be useful in converting
solid wastes to steam) and distributing such steam to
users thereof , or otherwise separating and preparing
solid wastes for reuse .
Fourth , in addition to the foregoing specific purposes
of the authority , the authority is organized for the following
additional purposes :
( a) To have perpetual succession as a body politic
and corporate and to adopt bylaws for the regulation of
the affairs and the conduct of its business , and to
prescribe rules , regulations and policies in connection
with the performance of its functions and duties ;
(b ) To adopt an official seal and alter the same
at pleasure ;
( c) To maintain an office at such place or places
as it may determine ;
( d) To sue and be sued in its own name , and to
plead and be impleaded ;
( e ) To make and execute contracts and other instru-
ments necessary or convenient in the exercise of the powers
and functions of the authority under this Act 699 of 1979 ,
including contracts with persons , firms , corporations and
others ;
( f ) To apply to the appropriate agencies of the state ,
the United States or any state thereof , and to any other
proper agency for such permits , licenses , certificates or
= 10- 02 901
approvals as may be necessary , and to construct ,
maintain and operate projects in accordance with , and
to obtain , hold and use , such licenses , permits , certi -
ficates or approvals in the same manner as any other
person or operating unit of any other person ;
( g) To employ engineers , architects , attorneys ,
real estate counselors , appraisers , financial advisors
and such other consultants and employees as may be required
in the judgment of the authority and to fix and pay their
compensation from funds available to the authority thereof ;
(h ) To purchase all kinds of insurance including ,
but not limited to , insurance against tort liability ,
business interruption , and/ or risks of damage to property ;
( i ) To fix , charge and collect rents , fees and
charges for the use of any project or portion thereof , or
for steam produced therefrom ;
(j ) To accomplish projects as authorized by Act 699
of 1979 and the ordinances creating the authority ;
(k) To distribute steam produced by a project to
any person , municipality or county ;
(1 ) To buy , sell , exchange , own and generally deal
in real property , improved and unimproved , and buildings
of every class and description ;
(m) To pledge or hypothecate any and all property
of the authority , both real , personal and mixed , owned or
leased by the authority for cash , on credit and time
payment and to generally finance any property , both real ,
personal and mixed , sold or leased by this authority ;
® 1092 902
(n ) To issue tax- exempt bonds pursuant to the
terms and provisions authorized in Act 699 of 1979 and
amendments thereto ; and
( o ) To do any and all other acts and things
necessary , convenient or desirable to carry out the
purposes , and to exercise the powers granted to the
authority herein .
Fifth , the names of all proposed member municipalities and
counties in the authority are as follows : Benton County ,
Washington County , Avoca , Bethel Heights , Bentonville , Cave
Springs , Centerton , Decatur , Garfield , Gateway , Gentry , Gravette ,
Highfill , Little Flock , Lowell , Pea Ridge , Rogers , Siloam Springs ,
Sulphur Springs , Bella Vista , Elkins , E1m: Springs , Farmington ,
Fayetteville , Greenland , Johnson , Lincoln , Prairie Grove , Springdale ,
Tontitown , West Fork , and Winslow .
Sixth , that attached hereto and marked Exhibits 1 through
are true and correct certified copies of ordinances of the
respective municipality , county and town members of the association
authorizing their membership in this authority .
Seventh , the address of the initial registered office of
the Northwest Arkansas Regional Solid Waste Disposal Authority
is : 406 North Shiloh , Springdale , Arkansas , 72764 .
Eighth , the name and address of the initial registered agent
of the Northwest Arkansas Regional Solid Waste Disposal Authority
is : James B . Blair , 111 Holcomb Street , P . O . Box 869 , Springdale ,
Arkansas , 72764 .
Nineth , the number of directors constituting the board of
directors of the authority shall be the same as the number of
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I
members of the authority , with each member entitled to place
one director on the board of directors of the authority . Each
such director shall be entitled to one vote on all matters
relating to the affairsof the authority .
Tenth , the names of the initial members and the signature
of the governing officer of these members and the attestation
of the respective clerks of each member are set forth hereinbelow :
BENTON COUNTY :
ATTEST :
WASHINGTON COUNTY :
ATTEST :
AVOCA :
ATTEST :
BETHEL HEIGHTS :
ATTEST :
BENTONVILLE :
ATTEST :
CAVE SPRINGS :
ATTEST :
CENTERTON :
ATTEST :
DECATUR :
ATTEST :
GARFIELD : ® �a �2 904
ATTEST :
GATEWAY :
ATTEST :
GENTRY :
ATTEST :
GRAVETTE :
ATTEST :
HIGHFILL :
ATTEST :
LITTLE FLOCK :
ATTEST :
LOWELL :
ATTEST :
PEA RIDGE :
ATTEST :
ROGERS :
ATTEST :
SILOAM SPRINGS :
ATTEST :
SULPHUR SPRINGS :
ATTEST :
BELLA VISTA :
ATTEST :
ELKINS :
ATTEST :
ELM SPRINGS :
ATTEST :
FARMINGTON :
ATTEST :
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FAYETTEVILLE :
ATTEST :
GREENLAND :
ATTEST :
JOHNSON :
ATTEST :
LINCOLN :
ATTEST :
PRAIRIE GROVE :
ATTEST :
SPRINGDALE :
ATTEST :
TONTITOWN :
ATTEST :
WEST FORK :
ATTEST :
WINSLOW :
ATTEST :
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