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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 .