HomeMy WebLinkAboutOrdinance 2678 T.
ORDINANCE NO .
y c,-
AN-
OENLDA DN CE ' TO APPROVE KHURIZE H
AND DECATUR, ARANSASN. T,HENORTHWH
EST
GREARKANSAS�SOL� yF�Tk
WASTE AUTHORITY AND' FOR OTHER PURPOSES . °Q�Fia9R/ ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , J
ARKANSAS :
WHEREAS , the governments within Benton and Washington Counties , Arkansas ,
!!!!!! including the governments of Avoca , Gentry , Lowell , Elm Springs , Fayetteville ,
Johnson , Lincoln , Springdale , Tontitown , West Fork , Rogers , Siloam Springs ,
St , Paul , Huntsville , Prairie Grove and the counties of Washington and
Madison have formed a solid waste disposal authority under the name of North-
west Arkansas Solid Waste Authority ; and ,
WHEREAS , it is felt to be in the best interests of such authority that
Elkins , Greenland and Decatur be allowed to join in membership in such
authority ; and ,
WHEREAS , Elkins , Greenland and Decatur have passed ordinances approving
their entry into such Northwest Arkansas Solid Waste Authority , which
ordinances are attached 'hereto and hereby approved ..
NOW , THEREFORE , be it ordained by the Board of Directors of the City of
Fayetteville , Arkansas :
1 . That Elkins , Greenland 'and Decatur shall be permitted to join in
membership in the Northwest Arkansas Solid Waste Authority and that the
ordinances passed by said counties/ cities permitting them to become members
of such Authority are hereby approved .
2 . That the application of the initial members of the Northwest Arkansas
Solid Waste Authority be amended to include Elkins , Greenland and Decatur as
members of that Authority and that the judge/mayor and clerk of this county/
city be authorized to sign an amended application to the Secretary of State
for the State of Arkansas requesting an amended charter of the Northwest
Arkansas Solid Waste Authority .
3 . That it is determined by the Board of Directors of the City of
Fayetteville , Arkansas , that an emergency is hereby declared to exist and
that this ordinance being necessary for the immediate preservation of the
public health , safety and welfare shall be in effect immediately from the
da .: ' ts passage and approval .
•�'�c fqVESSED �ND APPROVED this �_ day of �Q,�..o�hrnJ ,
1980 .
APPROVED : MICROFILMED
` /,zo
Mayor /
' .
ATT U20 37
� City Clerk
, , 'UKh�Tu2 ALOO 169cC:U,0 � o . EcK. as of Il,ta'"eSOrip rNE . AmruoelaE. .
v.... • -- -Lt. id
ARD
CERTIFICATE OF RECORD State of Arkansas SS
STATE OF ARKANSASCity of ^ Ycftwi:i.�.,
Washington County
SS.
I, Alma L. K011me er, I, I3rn�nic. L^=ri,:�, C :v C'.ork and ZX-Officio . ,.
Y Circuit Clerk and Ex-Officio Recorder for recOr:i:a• for t.0 ',pity of c!yctteville, do here-
Washington County, do hereby caaif ' 'f t' , t. t-ie anne:;cd or fcregoilig is
y Y y that tha annaxed or fore• by ccr:i, y
going instrum nt was filedfor record m Office on thi _
_Q y of rcrecordi -. :_ly cffice and 1 -le sans ap-
R7�aY
of atJL o'doct�yt, and the same is pears i_i Ordinance G? ResolatioIl hook
duly recorded in y 3 rJit:CSS m}i
mord-i' 3 tPage37 _A4 at page
Witness my hand and seat this .day of ,y --:lay of
19,6 hand and eal this / - --
f Circuit Clerk and �p �-G_�,,.- Y9
- - �r� _ .
FxS ficin Recorde Clip/ o fix°
. , City Clerk and I:: UOfticio Rccor
}.- , _ Deputy Clerk
ORDINANCE NO .
AN ORDINANCE TO APPROVE AND AUTHORIZE THE ,MEMBERSHIP OF
IN THE NORTHWEST ARKANSAS SOLID WASTE AUTHORITY
AND FOR OTHER PURPOSES
WHEREAS , the governments within Benton and Washington
Counties , Arkansas , including the governments of Avoca , Gentry ,
Lowell , Elm Springs , Fayetteville , Johnson , Li. ncoln , Springdale ,
Tontitown , West Fork , Rogers , Siloam Springs St . Paul
Huntsville , Prairie Grove , Farmington
and the counties of Washington , Madison
have formed a solid waste disposal authority under the name of
Northwest Arkansas Solid Waste Authority ; and ,
WHEREAS , it is felt to be in the best interests of such
authority that Elki. ns , Greenland , and Decatur Arkansas
be allowed to join in membership in
such authority ; and ,
WHEREAS , Elkins , Greenland , ;utd Dt � caCur ArkansuS
have passed ordinances approving their entry into such Northwest
Arkansas Solid Waste Authority , which ordinances are attached
hereto and hereby approved .
NOW , '1'HEREFOR14: , be it or. da .ined by the Quorum Court/C.iL- y
Council of the counLy/c .i. ty of tnc•ttL.Q
-
J
Arkansas :
1 . That I? 1kinS , (; reenlaud , and Decnl. ur Arkansas
shall be permitted to join in membcrshir, i. n Che Northwest
Arkansas Solid Waste AuLhor :ity and that the ordinances passed by
said counties/cities permitting them to I ,i. Come nicutbers of such
Authority are hereby approved .
2 . That thit application of the i. niLial. members of the
Northwest Arkansas Solid Waste Authority be amended to include
li: al: inr, , Greenl : uid , and D( : caLuv at•k ;tn :; a -)-
as members of that Authority and that the judge /mayor and clerk
of this county/city be authorized to sign an amended application
to the Secretary of State for the State of Arkansas requesting
an amended charter of the Northwest Arkansas Solid Waste Authority ,
3 . That it is determined by the quorum court- / Cjty council
for the County /C .ity of �:�MjfT7-0- cl01? Arkansas ,
that an emergency is hereby declzired to exist and that this
ordinance being necessary for the immediate preservation of the
public health , peace and safety shall be in effect- iuunerliaLely
from Lhc date of its, pCrss ;agc and approval .
1 . TlI ;it U I i oI' d inanc . :, hal. 1 be .in i. f1uc1 . fftmi rurd ;rfLer
i. ts al,l, r (IV ill and paSsa ( ic aucl the JJ[ bl .i. c , it: .i ( ) ir , nni recnrdi. mJ of
a cert: i f. i. ed copy theraof w.i 1: 11 the recorder uL
Count}' , Arkansas .
PASSED AND A1 ' f' ItUVI:D Lh -� [; -_-��- d ,r; c, l` yI
All )" R lit%D : ' ' q ATTEST :
'v.•Lt/ I' is LL`Cli'i" —
l ouII y Judge/Mayor County Clcr k /C i. t- y Clerk
County Clerk/C C -,irk
of zy_C 2[ --- - ---- ------ Ark ;rnsas , do hereby certify
that the above and Lor. egoi. ny .is a true and currecL copy of an
ordinance nunrl,ered _ r _ . . . nd ' ovl - lie
t
quo um court/cil , cpunci. .l. and counLy judge/m;rt, or: of
Arkansas , on Lhc _ L.IL day of
.19 LEL , the same t , c .i. ng recorded in book number _— _ — at page
IN WITNESS l^: IIIiRI:(? I I have hereunto Set my hand and seal this
c- k. d a y 01 YO" 41 is��V'----- ' 1 '.18 0 .
Counf. y Clecl: /i: Clerk
AMENDED APPLICATION OF THE NORTHWEST
ARKANSAS SOLID WASTE AUTUORITY FOR
STATUS AS A PUBLIC BODY AND BODY CORPORATE
AND POLITIC PURSUANT TO ACT 699 OF 1. 979
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 Solid Waste 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 Solid Waste Authority , and for these
purposes adopt the following Articles of Association for such
authority :
First , the name of the authority shall be :
Northwest Arkansas Solid Waste Authority .
Second , the period of duration of the authority shall be
perpetual .
'Phird , this association is organized for the following
specific purposes which are in addition to, the general purposes
hereinafter set forth :
( a ) TO own , ;lcquire , consLruct , reconstruct , extend ,
equip , improve , operate , maintain , sell , lease , contract
concerning or otherwise deal. in or dispose of any real
property , personal property , or mixed propar. ty of any and
every kind that can be used or that will be useful in the
contr. oll. irnl , collecting , storing , remov .inq , hand .l. .ing ,
reducing , diSPOsing Of , Lrcat .i. ng , rind otherwise dealing
in and concerning solid wastes , includi. n< I , without l. i. mitation ,
property that can be used or that will be useful. in
extract .i. ml , converting to ste . un ( inclut.l .ing the actauisition ,
handling , stocagc , and ut .iIizaLion ol: coria , .1i_g11iLe or other
fuels Of any kind 01- water thaL can be used or that will.
be useful in converting Solid waste :; to sLe, un ) 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 instruments
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
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 of-
approvals
rapprovals in the same manner as any other person or operating
unit of any other person ;
( g ) To employ engineers , architects , attorneys , real.
estate counselors , , Ippraisers , f :inanci. al advisors and such
other consultants and employees as m.iy be required in the
judgment of the authority and to fix ;ind pay their compensation
- 2 -
from funds available to the authority therefor ;
( h ) To purchase all kinds of insurance , including ,
but not lim .i. ted to , insurance against tort liability ,
business interruption , incl /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 ordinance 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 or unimproved , and buildings
of every class and description ;
( m ) Po 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 ;
( 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 Picts and things necessary ,
convenient or desirable to carry out the purposes , and to
exercise the power (.] ranted to the authority herein .
Fifth , the prunes of a .l .i. proposed mkmih : r municipalities and
counties in the authority are as follows : Washing toil County ,
Avoca , Gentry , Lowell , l; lm Springs , Fayetteville , Johnson ,
L .i. ncoln , Sprinyda .le , 'Tontitown , West Fork , Rogers , Siloam Springs ,
Madison County , St . Paul , Huntsville , Plrli. rie CrOvC , Farmington .
Sixth , that attached hereto and marked Exhibits 1 through
18 are true , correct and certified copies of ordinances
approving unanimously amendments to the original Articles of
Association permitting the entry and new membership of
Elkins ; Greenland , and Decatur AT•k (lns ;LS
said ordinances passed by the original members of the association .
Attached hereto and marked Exhibits 19 through 21 are true ,
correct and certified copies of ordinances of Elkins , Greenland ,
and Decatur ArkanSLLS
passed in accordance with Act 699 of
1979 requesting that they be added as members of the association .
Seventh , the address of the initial. registered office of the
Northwest Arkansas Solid Waste Authority is :
406 North Shiloh , Springdale , Arkansas , 727G4 .
Eighth , the name and address of the initial registered
agent of the Northwest Arkansas Solid Waste Authority is :
James B . Blair , 111 Holcomb Street , P . O . Box 869 ,
Springdale , Arkansas , 727G4 .
Ninth , the number of directors constituting the board of
directors of the authority shall be the sank as the number of
members of the authority , with each member entitled to place
one director on tyre 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 .
Tenth , the mimes of the initial members and the signatures
of the governing officer of these members and the attestation
of the respective clerks of each member aie set forth hereinbelow
along with the names of the new members , Elkins , Gra:enland ,
and Decatur Ark : urs ; is .
M ; d the Si. gnatrn' es of the
governing officers of Islhi ; is, tnid Otcatur Arkansas . _
and the attestat- ion of the respective
clerks of those members :
_ q _
WASHINGTON COUNTY :
ATTEST :
AVOCA :
A'1".PEST
GEN'CRY :
ATTEST :
LOWELL :
ELM SPRINGS :
ATTEST :
FAYETTEVILLE :
1 � �
i
tlG // ATTEST .
JOHNSON : k
ATTEST :
LINCOLN :
ATTEST :
SPRINGUALE :
ATTEST :
TONTITOWN :
ATTEST :
WEST FORK :
ATTEST :
ROGERS :
A,1"rh: . r
SILOAPI SPRINGS :
MADISON COUNTY :
ATTEST :
ST . PAUL :
ATTEST :
HUNTSVILLE :
ATTEST :
PRAIRIE GROVE :
ATTEST :
FARMINGTON :
ATTEST :
ELKINS :
ATTEST :
GREENLAND :
ATTEST :
DECATUR :
ATTEST :
SUBSCRIBED AND SWORN to before me this � day of
1980 . n
No}zr� ry I> ubl .i. c
My Comru:issi.on Expires :
- G - .
ORDINAANCENO nU
AN ORDINANCE TO APPROVE
AND AUTHORIZEaHE fIdEMBER:
SHIP OF ELKINS, GREENLAND
AND DECATl1Rlw ARKr�AN� SAS,`IN
THE NOR T HWESS
SOLID WASTE AUTHORITY AND
FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD
OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
WHEREAS, the governments within
.Benton and Washington Counties,
Arkansas, including the governments
of Avoca, Gentry, Lowell, Elk Springs,
Fayetteville, Johnson, Lincoln, Spr'
ingdale, Tontitown, West Fork,
Rogers, Siloam Springs, Sl. Paul,
Huntsville,. Prairie Grove and the
counties of Washington and Madison
have farmed a solid waste disposal
authority under the name of Northwest
Arkansas Solid Waste Authority; and,
WHEREAS, it is felt to be in the best
`..Interests of such authority that Elkins-
Greenland and Decider be allowed to
joidin membership in such authority;
and;
,,WHEREAS, Elkins, Greenlaiul and
'Deeltur have passed ordinarlbs api
proving their entry into sueh Noe
thwest Arkansas Solid Waste Authorn
ly, which ordinances are attacheb
hereto and hereby approved.
NOW, THEREFORE, be it ordained
by the Beard M Directors of the City of
"Fayeneville, Arkansas:
1. That Elkins, Greenland and
Decatur shall be permitted to join f l
%membership in the Northwest Arkan-
sas Solid Waste Authority and that the
eNinances passed by said
soundes/cities permitting them ld
fiecome members of such Authorfty
are hereby approved.
2. That the application of the ftitiaT
members of the Northwest Arkansas
Solid Waste Authority be amended to•
include Elkins, Greenland and
Decatur as memher�of that Authority
and that the judge/mayor and clerk of
this county/city he authorized to sign
an amended application to the
Secretary of State for the Slate of
Arkansas requesting an amended
charter of the Northwest Arkamas`
Solid Waste Authority.
9. That it is determined by the Board
of Directors of the Citv of Fayetteville,
Arkansas, that an emergency is .
hereby declared to exist and that this
ordinance being necessary far the im-
mediate preservation of the public
health, safety'and welfare %hallbe in
effect. immediately from the date of its
passage and approval.
PASSED AND APPROVED this 4th
day of November, 1980.
APPROVED:
John Tadd
Mayor
ATTEST
ylutaggK`cet�iSS t{ ,
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