HomeMy WebLinkAboutOrdinance 2686 �O O
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ORDINANCE NO . � �9CGT��oG2 �0. s �O
AN ORDINANCE TO Al? P1ZOVE AND AUTHORIZE THE MEMBERSIIIP 014 F q 9
GARFIELD , ARKANSAS
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 , FayettevilA , Johnson , Lincoln , Springdale ,
Tontitown , West- Fork , Rogers , Siloam Springs St . Paul.
Huntsville , Prairie Grove , Farmington , Decatur , Elkins , Greenland
^^11 and the counties of Washington , Madison
' N have formed a solid waste disposal authority under the name of
1
Northwest Arkansas Solid Waste Authority ; and ,
WHEREAS , it is felt to be in the best interests of such
�J7 authority that Gar• Pi. eld , Arkansas
J
be allowed to join in membership in
such authority ; and ,
WHEREAS , Gar (' ield , Arkansas
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 Quorum Court/City
Council of the county/city of Fayetteville
Arkansas :
1 . That -Ga rI i. eld Arka.nsus
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 . = logo 395
2 . That the application of the initial members of the
Northwest Arkansas ' Solid Waste Authority be amended to include
AAICROFII.MV®
Gar :fi_ eld , Arlcanyas
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/city council.
for the County/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 , peace and safety shall be in effect immediately
from the date of its passage and approval .
9 . That this ordinance shall be in effect from and after
its approval and passage and the publication and recording of
a certified copy thereof with the recorder of
County , Arkansas .
PASSED AND APPROVED this _send , day of:
see ATTL
ws
�F,.fAY
u
A - _ -u /mayor Pownt-y-C-lcr- k /City Clerk
OOUvrf,.��
/ CERTIFICATE
1� -ty—C—ler-k/City Clerk
of Gpn / � p ) Arkansas , do hereby certify
that the above and foregoing is a true and correct copy of an
ordinance numbered ;? IFlp duly passed and approved by the
cue-r-um—eour-t/city council and G"n-ty judge/mayor of
3�eQd Arkansas , on the .28d day of )QA4pn ,,6pkJ
19 ` o , ththesame being recorded in book number at page
IN WITNESS nWHEREOF , I have hereunto set my hand and seal this
r�{� +
hof �lPan �, G,�i� 1980 . Kai 396
rp
" '...-r.-a_, Clerk/City C erk
r 7
4 ' . .
� c - 2 -
CERTIFICATE OF RECORD
, o
State of Arkansas ( �
City of Fayetteville ( SS
I, Su>anne C. Kennedy, City Clerk and s :
Ex-Officio recorder for the City of Fayetteville,
do hereby certify that tha a:utvsca or fore-
goiug is of record in my office :""d the same ap-
pearsin Ordinance & Resolution book
-- X at page—QC 32 witness my
hand and seal this lay of
- —
ty lerk and Ex- y fidio Recor e
CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS.
Washington County
I, Alma L. Kolimever, Circuit Clerk and Ex-Officlo Recorder for
Washington County, do heraby certify that the annexed or ore-
going ins ument :v::s filed for re:�oorrddin my o Tice on tha day
of - 19 at�� 8.'clock , and the same is
duly recorded in_ record=, at page.34�
Witness my hand and seal thi .day of _391e
Circuit Clerk and
Ex- fficio Reco de
By
Beputy Clerk ki
AMENDED APPLICATION OF THE NORTHWEST
ARKANSAS SOLID WASTE 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 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 .
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 , collecting , storing , removing , handling ,
reducing , 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 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 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 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
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from funds available to the authority therefor ;
( 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 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 ) 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 ;
( 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 power granted to the authority herein .
Fifth , the names of all proposed member municipalities and
counties in the authority are as follows : Washington County ,
Avoca , Gentry , Lowell , Elm Springs , Fayetteville , Johnson ,
Lincoln , Springdale , Tontitown , West Fork , Rogers , Siloam Springs ,
Madison County , St . Paul , Huntsville , Prairie Grove , Farmington .
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Sixth , that attached hereto and marked Exhibits 1 through
21 are true , correct and certified copies of ordinances
approving unanimously amendments to the original Articles of
Association permitting the entry and new membership of
Garfield , . Arkansas
said ordinances passed by the original members of the association . I
Attached hereto and marked Exhibits 22 are true ,
correct and certified copies of ordinances of Garfield , Arkansas
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 , 72764 .
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 , 72764 .
Ninth , 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 .
Tenth , the names of the initial members and the signatures
of the governing officer of these members and the attestation
of the respective clerks of each member are set forth hereinbelow
along with the names of the new members , Barfield , Arkansas
, and the signatures of the
governing officers of —Garfield Arkans .js
and the attestation of the respective
clerks of these members :
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WASHINGTON COUNTY :
ATTEST :
AVOCA :
ATTEST :
GENTRY :
ATTEST :
LOWELL :
ATTEST :
ELM SPRINGS :
ATTEST :
FAYE"PEVILLE :
ATTEST :
JOIWSON :
ATTEST :
LINCOLN :
ATTEST :
SPRINGDALE :
ATTEST :
TONTITOWN :
ATTEST :
WEST FORK :
ATTEST :
ROGERS :
ATTEST :
SILOA14 SPRINGS :
ATTEST :
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MADISON COUNTY :
ATTEST :
ST . PAUL :
ATTEST :
HUNTSVILLE :
ATTEST :
131ZAIRIE GROVE :
ATTEST :
FARMINGTON :
ATTEST :
ELKINS :
ATTEST :
GREENLAND :
ATTEST :
DECATUR :
ATTEST :
GARFIELD :
ATTEST :
SUBSCRIBED AND SWORN to before me this day of
1980 .
- � Not - Public
_ My `Commission Expires :
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