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HomeMy WebLinkAboutOrdinance 4021 ORDINANCE NO. 4021 AN ORDINANCE AMENDING ORDINANCE NO . 2485 , AS AMENDED , TO MAKE EXPRESSLY CLEAR THAT THE FAYETTEVILLE PUBLIC FACILITIES BOARDS ' AUTHORIZATION TO ISSUE REVENUE BONDS FOR THE PURPOSE OF FINANCING RESIDENTIAL HOUSING, HEALTH CARE, AND RELATED FACILITIES TO SERVE ELDERLY PERSONS IS IN ADDITION TO ANY OTHER AUTHORIZATION TO ISSUE BONDS CONTAINED ELSEWHERE IN THE ORDINANCE; TO DELETE SECTION 9 OF ORDINANCE NO . 2485 WHICH NAMED FRIDAY, ELDREDGE & CLARK AS BOND COUNSEL;AND DECLARING AN EMERGENCY . WHEREAS, the Board of Directors of the City of Fayetteville, Arkansas, has established a public facilities board pursuant to Act No. 142 of the Acts of the General Assembly of the State of Arkansas for the year 1975 (the "Act"), as amended, for the purpose of financing residential housing facilities for low and moderate income families, for the purpose of financing health care facilities, and for the purpose of financing residential housing, health care, and related facilities to serve elderly persons ; and, WHEREAS , said board was established by Ordinance No. 2485 adopted and approved November 21 , 1978, as amended by Ordinance No. 2708, adopted and approved March 3 , 1981 and Ordinance No. 2991 adopted and approved March 20, 1984; and, WHEREAS, the Fayetteville City Council wishes to make it expressly clear that the Public Facilities Board is authorized three separate and distinct powers by this and previous amendments - one; to finance residential housing facilities for low and moderate income families; - two, to finance health care facilities; and - three, to finance residential housing, health care, and related facilities to serve elderly persons ; and, WHEREAS, Section 9 of Ordinance No. 2485 providing for the appointment of the law firm of Friday , Eldredge & Clark as bond counsel was only for the issuance and sale of the residential housing facility bonds and, accordingly , should reflect that limited appointment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Section (f) of Section 1 of Ordinance No. 2485 is hereby amended by deleting said Section (f) and replacing the same as follows: Page 2 Ordinance No . 4021 (f) In addition to all other findings and public purposes stated in this ordinance, the development of housing, health care, and related facilities for elderly persons, regardless of income, serves a substantial public purpose and there is a significant need in the city for such facilities. Section 2. That Section 2 of Ordinance No . 2485 is hereby amended by adding the following : Additional authority has been granted the Facilities Board by Ordinance No. 2708 and Ordinance No. 2991 and the Facilities Boards ' authority may vary as allowed by statute and as provided by further amending ordinances which may be passed by the City in the future. Section 3. That Section 9 of Ordinance No . 2485 is hereby amended by adding the following : Said appointment is only for the residential housing facilities bonds first authorized in Ordinance No. 2485 prior to the amendments thereto. Section 4. As amended hereby, Ordinance No. 2485 as amended by Ordinance No. 2708 and Ordinance No . 2991 , is hereby ratified and affirmed. Section 5 . All ordinances, or parts thereof, in conflict with this ordinance are hereby repealed to the extent of such conflict. Section 6. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this ordinance, which can be given affect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable . Section 7. It is hereby found and determined that there is an immediate and urgent need to finance and/or refinance a bond issue in order to provide residential housing, health care and related facilities to serve elderly persons and this ordinance is needed to allow the Public Facilities Board to proceed with such financing, any delay in which may cause harm to existing facilities and endanger the health, safety and welfare of those elderly persons benefiting from such financing. Therefore an emergency is 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 . Page 3 Ordinance No . 4021 PASSED AND APPROVED this 18th day of February 1997 . APPROVED: st U 1 it :: � r •,x By: red Hanna, Mayor ATTEST By : Traci Paul, City Clerk ORDINANCE NO. 4021 ' Additional authority has been 'I AN ORDINANCE AMENDING granted the Facilities Board of ORDINANCE NO. 2485, AS Ordinance No. 2708 and Ordi. AMENDED, TO MAKE EX- nance No. 2991 and the Facili- � ties Boards' authority may vary .yO�•/ PRESSLY CLEAR THAT THE as tl FAYETTEVILLE PUBLIC FA- provided f statute and as r CILITIES BOARDS' AUTHORI- ordinances by Further amending ZATION TO ISSUE REVENUE nanances which may be STATE OF ARKANSAS BONDS FOR THE PURPOSE passedby the City in the future. � $$ TTS OF FINANCING RESIDENTIAL Section 3 That Section 9 of Or- fi1T�17 ��i �� I j HOUSING. HEALTH CARE, dinance No. 2485 is hereby County of III 1 V AA J��'- AND RELATED FACILITIES amended by adding the follow- TO SERVE ELDERLY PER. ing: SONS IS IN ADDITION TO ANY OTHER AUTHORIZA- Said appointment is only for the I, RANDALL COPE, hereby certify that I am the publisher of THE TION TO ISSUE BONDS CON- residential housing facilities NORTHWEST ARKANSAS TIMES, a dailyr having a second TAINED ELSEWHERE IN THE bonds first authorized in Ordi- news Papa g ORDINANCE TO DELETE nance No. 2485 prior to the class mailing privilege, and being not less than four pages of five SECTION 9 OF ORDINANCE amendments thereto. NO. 2485 WHICH NAMED FRI- columns each, published at a fixed place of business and at fixed (daily) DAY, ELDREDGE 8 CLARK Section 4. As amended hereby, Intervals continuously In the City of Fayetteville, County of Washington, AS BOND COUNSEL; AND Ordinance No. 2485 as amend- DECLARING AN EMERGEN- ed by Ordinance No. 2708 and Arkansas for more than a period of twelve months, circulated and CY. Ordinance No. 2991 , is hereby distributed from an established place of business to subscribers and ratified and affirmed. WHEREAS. me Ream of Dirac- readers generally 01 all classes in the City and County for a definite price tors of the City of Fayetteville, Section 5. All ordinances, or Arkansas, has establishetl a parts thereof, in conflict with for each copy, or a fixed price per annum, which price was fixed at what public facilities board pursuant this ordinance are hereby re- to Act No. 142 of the Acts of the pealed to the extent of such Is considered the Value Of the publication, based upon the news value General Assembly of the State conflict. and service value it contains, that at least fifty percent of the subscribers of Arkansas for the year 1975 Section 6. If provision of thereto have paid for their subscriptions to the newspaper or its agents (the "Act-), as amended, for the any P purpose of financing residential this ordinance or the application or through recognized news dealers over a period of at least six months housing facilities for low and thereof to any person or cir- and that the said newspaper publishes an average of more than fort moderate income families, for cumslances is held invalid, paPeP y the purpose of financing health such invalidity shall not affect percent news matter. care facilities. and for the pur- the other provisions or applica- pose of financing residential tions of this ordinance, which housing, health care, and relat- can be given affect without the ed facilities to serve elderly per. 'invalid provision or application, and to this end the provisions of I further certify al notice attached in the matter of that the le sons; and, g this ordinance are declared to WHEREAS, said board was as. be severable. /� _ � n 1-0(a Q /\ tablished by Ordinance No. dln x (a 2485. adopted and approved Section 7. It is hereby found November 21, 1978, as amend- and determined that there is an ed by Ordinance No. 2708, immediate and urgent need to was published in the regular daily Issue of said newspaper for adopted and approved March finance and/or refinance a bond P 9 y ` P 3, 1981 and Ordinance No. Issue in order to provide resi- consecutive Insertions as follows: 2991 adopted and approved dential housing, health care March 20, 1984; and, and related facilities to serve elderly persons and this Ord- The first Insertion on theAll day of 19 —q? WHEREAS, the Fayetteville nance in needed to allow the City Council wishes to make it Public Facilities Board to pro- expressly clear that the Public ceed with such financing, an the second insertion on the day of 19 Facilities Board is authorized delay in which may cause harm three separate and distinct to existing facilities and endan- powers by this and previous ger the health, safety and wel- the third insertion On the day Of 19 amendments - one: to finance fare of those elderly persons residential housing facilities for benefiting from such financing. low and moderate income Jami. Therefore an emergency is de- fies; two, to finance health care clared to exist, and this ordi- and the fourth insertion on the day of 19 facilities; and - three, to finance nance being necessary for the residential housing, health care, public health, safety and wel- and related facilities to serve fare shall be in full force and at- elderly persons; and, fact from and after its passage WHEREAS. Section 9 of Ordi- and approval. PPR D PASSED AA nance No. 2485 providing for AND Publisher eneral Manager the appointment of the law fine this 18th day N February. 1997. of Friday. Eldredge 8 Clark as bond counsel was only for the APPROVED: issuance and sale of the resi- Sworn to and subscribed before me on this day of denial housing facility bonds By: Fred Hanna, Mayor and, accordingly, should reflect that limited appointment. V � 1 ATTEST: NOW, THEREFORE, BE IT By: Traci Paul, City Clerk ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Section (f) or U"(`!r"!,(r(a!!`ff`ii'((!!!(/`'! Notary Public Section 1 of Ordinance No. , 2485 is hereby amended by tle- My Commission E 'res: C leting said Section (f) and re- placing the same as follows: ,, NotilryPublic, State ofArkanS1S Washin�on County (f) In addition to all other find- r my COmn shin 0 EX ILLS ings and public purposes stated «<Cc( pi in this ordinance, the develop- Fees for ment of housing, health care, and related facilities for elderly persons, regardless of income. Cost of Proof....... .. ......... ......... ....... .... ...... .. .......$ .serves a substantial public pur- pose and there is a significant need in the city for such facili- Total.... ................ .... .. ......... ..... ......... ............ .....$ _ ties. Sect on 2. That Section 2 of Or- dinance No. 2485 is hereby amended by adding the follow- ing: