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HomeMy WebLinkAboutOrdinance 2686 �O O c gTol , 9 � SCD 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 - 2 - 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 . - 3 - 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 : - 4 - 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 : - 5 - 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 : - 6 -