HomeMy WebLinkAboutOrdinance 2829 ORDINANCE NO . �' ''i'` C•' �' ��r"
AN ORDINANCE CREATING THE NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY ; APPROVING THE CITY OF FAYETTEVILLE
AS AN INITIAL MEMBER OF SAID AUTHORITY ; SPECIFYING THE
POWERS GRANTED TO SAID AUTHORITY ; SPECIFYING THE .
NUMBER OF DIRECTORS OF THE AUTHORITY AND THE VOTING
VI RIGHTS OF EACH DIRECTOR ; AND FOR OTHER PURPOSES .
WHEREAS , the City of Fayetteville , Arkansas , and the
City of West Fork , Arkansas , desire to create and become
members of a sanitation authority pursuant to the provisions
of Arkansas Acts 1979 , No . 699 .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby determines
that itis in the best interest of the City of Fayetteville
in accomplishing the purposes of The Joint County and Municipal
Solid Waste Disposal Act , Arkansas Acts 1979 , No . 699 , to
create and become a member of a sanitation authority to be
known as the Northwest Arkansas Resource Recovery Authority .
Section 2 . The names of the municipalities proposed to
be initi�bers of said authority are the City of Fayetteville ,
Arkansas , and the City of West Fork , Arkansas .
Section 3 . That the powers of said authority shall be
as fo owT
( 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 the 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 , regulations 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 .
(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 .
.. aces 255 :.
rt.
- 2 -
(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
contract , 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 interruption , 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
to any person , municipality or county .
(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 or 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 , owned or leased by the
authority .
( o ) To issue tax- exempt bonds pursuant to the
terms and provisions authorized in Act 699 of 1979
and amendments thereof .
(p ) To do any and all other acts and things
necessary , convenient and desirable to carry out the
purposes and to exercise the powers granted to the
authority herein .
Section 4 . The number of directors of said authority
shall e equivalent to the number of members in the authority .
The governing body of each member municipality shall appoint
one director to the Board of Directors . In voting to take
any action or to pass any resolution , each director shall be
entitled to cast that number of votes equal to the percentage ,
by weight of solid waste the director ' s municipality has pledged
toward the pledge of solid waste by all authority members for
operation of a resource recovery facility .
Section 5 . That the application to be filed with the
Secretary State attached hereto , marked Exhibit "A" , and
made a part hereof is hereby approved and the Mayor and City
Clerk are hereby authorized and directed to execute said
application .
w� 10fi8 %'S6
+ - 3 -
Section 6 . The Board of Directors hereby finds that
adequate , reiable , and economical methods and facilities
for the disposal , treatment , or other handling of solid
waste are essential to the public health , safety , and
welfare ; and that the immediate passage of this ordinance
is necessary to provide such adequate , reliable , and econom-
ical methods and facilities . Therefore an emergency is
hereby declared to exist and this ordinance being necessary
for the public health , safety , and welfare shall be in full
force and effect from and after its passage and approval .
PASSED AND APPROVED this day of 1982 .
f APPROVED :
\pFAYr { _
A.
tY rt1 {n ♦ awJ i • hh � ;; �
MAYOR
a ATTEST : �.
, .
CITY CLERIV
01068 %'�7
CERTIFICATE
I . Sherry Rowe , City Clerk of the City of Fayetteville ,
Washington County , Arkansas , do hereby certify that the
above and foregoing is a true and correct copy of Ordinance
No . At? 0Z duly adopted by the Board of Directors
of the City of Fayetteville , Arkansas , on the kday of
" A A4 1982 , and recorded in Ordinance Book No .
at Page
ti AYE ;
Yr CITY CLERK
tee.,.,,,,!h.� ',.•�. .
CERTIFICATE OF RECORD
State of Arkansas
City of Fayetteville ( SS
10 Olivia Kelly, City Clerk and Ex-Offlcto
re:or er for tho City oi' FayeteYii;e, Vo hore-
by certify that the annexed or foregoing is
of rcrcrcl in my office and the same op.
Pears in Ordinance & t2esoiutian book
X I / / at pagea , ,rr;tness my
hand o, se- : this / 7I
daY of
19 8,�
Merl: ,.r,J cow
kacordar
t
OEW ] fC;1TE OF RECORD
STATE OF ARKAi!SAS f
f SS.
Washin`rton County \
I, Alma L. Kcll.n - Circuit Clerk and Ex-Officio Recorder for
Washington County, do hereby certify that the annexed or fore.
going inst�lment was fiio�edw for�r/eycn'�rdin my oAffire on the�day
of 4-2..a�t,e/�7clockA, antdd the same is
duly recorde n� record�0 at page�o$✓ n
Witness my hand and seal this .day of 1980? �i106g rIS
a/
Circuit Clerk and
Officio Recorded
ey x-
Deputy Clerk
AMENDED
APPLICATION TO SECRETARY OF STATE FOR THE STATE OF S A /✓ - `f
ARKANSAS FOR A CERTIFICATE OF INCORPORATION AS A
SANITATION AUTHORITY PURSUANT TO ACT NO . 699 OF 1979 eAIGROtI►mrr2
The city 'of Fayetteville , Arkansas , and the City of West Fork Arkansas ,
hereby apply to the Secretary of State for the State of Arkansas pursuant to
Act No . 699 of 1979 for a ' Certificate of Incorporation creating a sanitation
authority as a public body and a body corporate and politic . Applicants
state :
( 1 ) The names of all proposed member municipalities are the city of
Fayetteville , Arkansas , and the City of West Fork , Arkansas .
( 2 ) Attached hereto marked Exhibits A and B and made a part hereof
are certified copies of those ordinances adopted by the governing
bodies of the City of Fayetteville , Arkansas , and the city of
West Fork Arkansas , determining that it is in the best interest
of said municipalities in accomplishing the purposes of Act No . 699
of 1979 to create and become a member of a sanitation authority .
( 3 ) The powers granted to the authority are 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 otherwise dealing in the
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 usersthereof , 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 regulations of the affairs and the con -
duct of its business , and to prescribe rules , regulations 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 .
( e ) To sue and be sued in its own name , and to plead and be im-
pleaded .
( 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 contract , maintain and operate project 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 coun -
selors , 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 interruption , and/or
risks of damage to property .
-2
( 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 to any person ,
municipality or county .
( 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 or 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 thereof .
( p ) To do any and all other acts and things necessary , convenient
and desirable to carry out the purposed , and to exercise the powers
granted to the authority herein .
( 4 ) The number of directors of said authority shall be equivalent to
to number of members in the authority . The governing body of each
member municipality shall appoint one director to the Board of
Directors . In voting to take any action or to pass any resolution ,
each director shall be entitled to cast that number of votes equal
to the percentage by weight , of solid waste the direcotr ' s municipality
has pledged toward the pledge of solid waste by all authority
members for operation of a resource recovery facility .
( 5 ) The city of Fayetteville , Arkansas , and the City of West Fork ,
Arkansas , desire that a sanitation authority be created -,,as a public
body and body corporate and politic under act 699 of 1979 .
( 6 ) The name which is proposed for the sanitation authority is The
Northwest Arkansas Resource Recovery Authority .
M .
( 7 ) Attached hereto and marked Exhibits 1 through 2 are true , correct
and certified copies of ordinances approving unanimously, amendments
to the original Articles of Association permitting the entry and
new membership of Washington County , Arkansas , said ordinances
passed by the original members of the association , Attached hereto
and marked Exibit 3 is a true , correct and certified copy of an
ordinance of Washington County , Arkansas passed in accordnace with
Act 699 of 1979 requesting that it be added as members of , the
association .
( 8 ) The address of the initial registered office of the Northwest
Arkansas Solid Waste Authority is :
406 North Shiloh , Springdale , Arkansas 72764 .
( 9 ) 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 herein below along with the
name of the new member Washington County , Arkansas and the signature
of the governing officer of Washington County , Arkansas and the
attestation of the clerk of that member :
oil 5 CITY OF FAYETTEVILLE , ARKANSAS
By
MAYOR
ATTEST :
CITY CL Ry�
Subscribed and sworn to before me , notary public , on this__ nay of ,, 1981,
A&At�f . e::z I
Notary Pgblic
My commission expires :
CITY OF W FORK , ARKANSAS
By 1467eZ
�
�fGxr
ATTEST :
CITY CLERK
Subscribed and sworn to before me , notary public , on this day of� (
a�
A" ,
Notary Public
My commission expires :
lU - 1 - 84
WASHINGTON COUNTY , ARKANSAS
8y
ATTEST :
CO "Y R
Subscribed and sworn to before me , notary public , on this ( 4j day o 01984
My commission ends : Notary u
1
r
APPLICATION OF THE NORTHWEST ARKANSAS
RESOURCE RECOVERY 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 Resource Recovery 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 Resource Recovery Authority , and for these purposes
adopt the following Articles of Association for such authority :
First , the name of the authority shall be :
Northwest Arkansas Resource Recovery 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 dis-
tributing such ' steam to users thereof , or otherwise separat -
ing 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 coniiection with the
performance of its functions and duties ;
( b ) To adopt sa 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 19791
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 compensat -
ion from funds available to the authority therefor ;
( h ) To purchase all kiilds 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
- 2 .
x
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 tile 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 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
ioased 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 or 1. 979 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 : Fayetteville and West
Fork .
Sixth , that attached hereto and marked Exhibits 1 through
2 are true and correct certified copies of ordinances of the
respective municipality , county and town members of the associat -
ion authorizing their membership in this authority .
Seventh , the address of the initial registered office of
the Northwest Arkansas Resource Recovery Authority is : 406 North
Shiloh , Springdale , Arkansas , 72764 .
Eighth , 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 a number of votes equal to the
percentage of the total weight of solid waste each member has
pledged to the resource recovery facility .
- 3-
Ninth , 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 :
FAYE7'TEVILLE
ATTEST :
WEST FORK ^ ,
` � �nn ( A'CTI: ST :
lz4
`�1'1u,u.�1. t%� �-P�w.• l�Q-P�e.wv -G�ry
_ n -
ORDINANCE NO . 5 2_ _
AN ORDINANCE TO APPROVE ANL' AUTHORIZE MEMBEiRSHIP BY THE
CITY OF NEST FORK IN THE NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY AND FOR OTHER PURPOSES
WHEREAS , the governments within Washington County , Arkansas , including
the governments of the cities of Fayetteville and West Fork agree to cooperate
in the organization and operation of a Northwest Arkansas Resource Recovery
Authority ; and ,
WHEREAS , it is felt to be in the best interest of the city of West Fork
that such authority be created ; and ,
WHEREAS , it is felt to be in the best interests of the city of West Fork
that the city of West Fork become a member of such authority .
NOW , THEREFORE , be it ordained by the city council of the city of West
Fork , Arkansas :
1 . That the city of West Fork , Arkansas shall join in the creation of a
Northwest Arkansas Resource Recovery Authority , along with the city of
Fayetteville .
2 . That the city of West Fork , Arkansas , is hereby authorized to become
an initial member of the Northwest Arkansas Resource Recovery 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 otherwise dealing in the concerning solid wastes ,
including , without limitation , property that can be used or that will be
useful in extracting , converting to steam ( including the acqusition , handling ,
storage , and utilization of coal , lignite or other fuels of any kind or
water that can he 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 , regulations and policies in connection
with the performance of its functions and duties .