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HomeMy WebLinkAboutOrdinance 3558 FILED FOR RECORD ' 91 JUL 19 flM 9 49 WASHINGTON CO AR A . KOLLMEYER ORDINANCE NO , 3558 A41cR AN ORDINANCE ADOPTING THE FIRST AMENDMENT TO THE NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY AGREEMENT , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Board of Directors hereby authorizes and directs the adoption of the first amendment to the Northwest Arkansas Regional Airport Authority Agreement attached hereto as Exhibit A and made a part hereof . PASSED AND APPROVED this 16th day of July , 1991 , APPROVED : By : Mayor ATTEST : > '� i44 . � vVIC to 4tZW Ak LA a,1. � LIBER l A 2 A PAGE 279 CERTMCATE OF RECORD 1, Aima Kollmeyer, Circuit Clerk and State of Arkinsg8 ( SS City of Fayetteville Ex-oificic Rocordy for 'P,;shington County, ][, Sherry Thomas, City Clerk and Exa Arkansas, do hereby comity that this in. Officio recorder for the City of stniment was filed for record in my office Fayetteville, do hereby certify that t;�? m i- 'i:^tod i,crcon and the wme is now annexed or foregoing Is of reCard in my duly :, .am _d with fho acknowiedgement office and the Same a ^jlears lL and .c•,.(-acro thereon in Record Book and Ordinance & Resolution book Xky I , (s, i, A;tc rd :he•ean. page I Witness My t';;c;:'V. 211:I IN ','Hi C_;d WKERBJF, I have hereunto seal this Iday of -�- �_•{_— sel o.y hand and affixed the seal of mid 199 / Court on the date indicated hereon. G� Alma Kollmeyer Circuil Clerk and Ex-offiicca Recorder by tlL1 V FIRST AMENDMENT TO THE NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORTTY AGREEMENT Previous hereto the Arkansas counties of Washington and Benton and the Arkansas cities Siloam Springs , Bentonville, Rogers , Springdale and Fayetteville have entered into that certain agreement creating the Northwest Arkansas Regional Airport Authority (NWARAA) pursuant to the Authority of Act 17 of 1968 ( 1st Ex . Sess . ) ; Act 63 of 1970 (Ex . Sess . ) ; Act 426 of 1973 : Act 225 of 1975 ; and Act 425 of 1981 , all as codified in Ark . Code Ann . Section 14 , Chapter 362. The parties to such Agreement now desire to amend the same in accordance with the terms and conditions of this Agreement and to that end they mutually agree ak follows: 1 . Ratification . The counties of Benton and Washington and the cities of Siloam Springs , Bentonville , Rogers , Springdale and Fayetteville herewith ratify the original Northwest Arkansas Regional Airport Authority Agreement. 2. Improvement Districts . ACA Section 14-362- 109 provides , inter alia that NWARAA shall have the power to create an improvement district and act as improvement district commissioners to create and operate an improvement district composed of the area encompassed within the jurisdictions of the participating governing bodies (Benton and Washington Counties) , upon the petition of persons claiming to be two- thirds (2/ 3 ) in value of the owners of real property in the area, as shown by the last county assessment . Prior hereto the members of the Board of NWARAA have expressed by Resolution the Board ' s intention not to exercise such power which resolution was passed subsequent to the issuance of Opinion No . 91 - 145 by Winston Bryant , Attorney General of the State of Arkansas , dated June 4 , 1991 , which provided that the governmental entities creating the Authority lack the legal ability to excise from the power to create an improvement district . However , Opinion No . 91 - 145 did state " [w] e are unaware , however , of any provision that would prohibit the members of the Authority from agreeing not to exercise their power to create an improvement district . " Therefore , the Northwest Arkansas Regional Airport Authority Agreement is herewith amended by adding thereto the following language: Despite the potential power to create an improvement district as set forth in Article 5 B12 and despite the language contained in Article 6 referencing improvement districts as a potential source for financing of a regional airport , the Northwest Arkansas Regional Airport Authority is herewith prohibited from exercising its power to create an improvement district in accordance with Opinion No . 91 - 145 of the Arkansas Attorney General dated June 4, 1991 . 3 . Quorum Requirement . Article 4 C of the original Agreement is herewith amended by striking the first sentence thereof in its entirety and replacing it with the following : Nine (9 ) members shall constitute a quorum and no vacancy in the membership of the Authority shall restrict the rights of a quorum to exercise all of the rights and privileges or the duties of the Authority. 4. . Remainder of Agreement Intact . The remainder of the original Agreement creating the Northwest Arkansas Regional Airport Authority' not amended herein remains intact. 2 - IN WITNESS WHEREOF the parties hereto have caused this First Amendment to the Northwest Arkansas Regional Airport Authority Agreement to be executed in their respective behalves on the signature dates set forth below: CITY OF SILOAM SPRINGS , ARKANSAS BY: ATTEST: DATE: CITY OF BENTONVILLE, ARKANSAS BY: ATTEST: DATE: CITY OF ROGERS , ARKANSAS BY: ATTEST: DATE: CITY OF SPRINGDALE, ARKANSAS BY: ATTEST: DATE: 3 CITY OF FAYETTEVILLE, RKANSAS BY: ATTEST: D T'�/ 2Jr/i 1n DATE: COUNTY OF BENTON, ARKANSAS BY: ATTEST: DATE: COUNTY OF WASHINGTON, ARKANSAS BY: ATTEST: DATE: 4 ELROD LAW FIRM !793 133 SOUTH BROADWAYPOST OFFICE DRAWER 460SRAAM SPRINGS. ARKANSAS 72761 50115348191 FAX 50/5243550 JOHN R. ELROD November 5 , 1991 RUSSELL ELROD (19041985) GEORGIA ELROD DANIEL R. ELROD Hon . M. L. VanPoucke Hon. Jerry E. Rose P . O. Box 80 City Attorney Siloam Springs , AR 72761 112 West Mountain Fayetteville , AR 72701 Hon . Don O'Neal 117 W. Central Hon. Daniel E. Ford Bentonville , AR 72712 City of Rogers P . O. Drawer L Hon. Fred Vorsanger Rogers , AR 72757 1315 E. Ridgeway Fayetteville, AR 72701 Hon . George Butler Attorney at Law Hon . John Sampier 207 W. Center Street 300 W. Poplar Fayetteville, AR 72701 Rogers , AR 72756 Hon . David Clinger Hon . Charles McKinney Attorney at Law 201 N . Spring 100 Northeast St . Springdale, AR 72765 Bentonville , AR 72712 Hon . Jeff Harper Hon , Bruce Rutherford City of Springdale 102 Northeast A Street P . O. Box 1208 Bentonville , AR 72712 Springdale , AR 72764 Hon . Charles Johnson Hon . John Dodge 2 North College Avenue City of Siloam Springs Fayetteville, AR 72701 P . O . Box 80 Siloam Springs , AR 72761 Hon . Jim Corl P . O . Box 80 Hon , Kevin Pawlik Siloam Springs, AR 72761 City of Bentonville P . O . Box 187 Hon , Scott Linebaugh Bentonville, AR 72712 113 W. Mountain Fayetteville , AR 72701 RE: First Amendment to the Northwest Arkansas Regional Airport Authority Agreement Gentlemen : You will recall that some time ago I distributed for consideration of your respective legislative bodies, the First Amendment to the Northwest Arkansas Regional Airport Authority Agreement which, I believe, conforms with the Attorney Page 2 November 5 , 1991 General ' s opinion which held that we could not pick and choose powers to be given to the Authority, but we could contractually decline to exercise certain powers . The First Amendment states that we will not exercise the power to create an I mprovement district . In addition , it raises the quorum requirement to nine (9) members . I have received back a file marked copy of the Washington County ordinance passing the First Amendment and the First Amenchment itself executed by Judge Johnson, but I have heard nothing from the remaining entities . could you please take the time to give me the status of the First Amendment in your jurisdiction and if it has been passed, please provide me a file marked copy of the ordinance and the executed First Amendment. Feel free to call or write if you have any questions or conmients . Thank you for your time and consideration . VELROD, el egional JRE/jh cc : George Westmoreland . . • STATE of ARKANSAS se. County of Washington I, J • 0t hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (dally) Intervals continuously In the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes In the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached In the matter of � rcce� 3 ORDINANCE NO. 3668 waspubllshedln the regular daily Issue of said newspaper for N ORDINANCE ADOPT- COn5eCU1IVe insertions a5 fOIIOWS: I y / 'ME THE FIRST AMEND- 111 [WENT AR THE S REG- WEST. ARKANSAS REG- The first insP[IIOn On the da OS 19 'I ONAL ALR PORT �Al1THORITY'.AGREEM ENT. BE rr -ORDAINED BY THE$ the second Insertion on the day of 19 [BOARD OF DIRECTORS Imo • vET the third insertion on the day of 19 Secdon 1. That the Board of Dim ors hereby author. and the fourth insertion on the da 19 bes and; directs the adop. tion of tf it first amerMmen to the Northwest Arkansas Perianal` iAirpdrt Authority mI Arreeem'. i PASSED.. AND 'APPROVED Swor to and subscribed before me on this day of this 18th dayof July) 1991 . 1 APPROVED: /) By: Fred S. Vorsanrer v 9 C) Mayor ATTEST: By:. Sherry L. Thomas _ N a Public My Commis n Expires: � - 01 -© f Fees for Printing — 5 Cost of Proof —. 5 Total — J _ � � "" � � eiGtIV r. CJ f:OV 0 4 1991 FINANCE DEPS.