HomeMy WebLinkAboutORDINANCE 5883113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5883
File Number: 2016-0290
ENERGY IMPROVEMENT DISTRICT NO. 1 MEMBERSHIP AGREEMENT:
AN ORDINANCE TO AUTHORIZE MAYOR JORDAN TO SIGN A MEMBERSHIP AGREEMENT
ALLOWING THE CITY OF SPRINGDALE TO BECOME A MEMBER OF ENERGY IMPROVEMENT
DISTRICT NO. 1, AND TO AMEND § 33.381 BOARD OF DIRECTORS, MEMBERSHIP, TERMS
OF OFFICE OF ARTICLE XXVI ENERGY IMPROVEMENT DISTRICT NO. 1 TO PROVIDE
FOR THE CITY OF SPRINGDALE'S REPRESENTATION ON THE BOARD OF DIRECTORS.
WHEREAS, on October 15, 2013, pursuant to the authority granted by Arkansas Code Annotated § 8-15-
101 et seq. (the "Property Assessed Clean Energy Act"), the City of Fayetteville created Energy
Improvement District No. 1; and
WHEREAS, on December 16, 2015, pursuant to the requirements of Arkansas Code Annotated § 8-15-106,
the Springdale City Council passed Ordinance No. 5001 authorizing the City of Springdale to join the District;
and
WHEREAS, the approval of the Fayetteville City Council is required in order for the City of
Springdale to join the District and the Fayetteville City Code must be updated to provide for
Springdale's representation on the Board of Directors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign a Membership Agreement allowing the City of Springdale to become a member of Energy
Improvement District No. 1.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.381 Board of
Directors, Membership, Terms of Office of ARTICLE XXVI ENERGY IMPROVEMENT DISTRICT
Page 1 Printed on 6122116
Ordinance: 5883
File Number 2016-0290
NO. 1 to the Code of Fayetteville, and enacts a replacement § 33.381 as follows:
33.381 Board of Directors, Membership, Terms of Office
(A) Until December 31, 2016, Energy Improvement District No. 1 shall be governed by a Board of
Directors consisting of nine (9) members. All seven (7) City of Fayetteville appointees shall remain on the
Board of Directors. The City of Springdale shall appoint two members. One City of Springdale member
shall be the Mayor of Springdale or the Mayor's designee. Should the Mayor designate a member, said
member shall serve at the pleasure of the Mayor. The remaining City of Springdale member shall be a
qualified elector of the District chosen by the Springdale City Council. The terms of these members shall
expire on December 31, 2016.
(B) After December 31, 2016, membership shall be allocated as follows:
(i) One (1) member shall be the Mayor of Fayetteville or the Mayor's designee. Should the Mayor
designate a member, said member shall serve at the pleasure of the Mayor.
(ii) One (1) member shall be the Mayor of Springdale or the Mayor's designee. Should the Mayor
designate a member, said member shall serve at the pleasure of the Mayor.
(iii) Four (4) of the remaining members shall be qualified electors of the District chosen by the
Fayetteville City Council, each to serve a term of two (2) years.
(iv) Three (3) of the remaining members shall be qualified electors of the District chosen by the
Springdale City Council, each to serve a term of two (2) years.
(C) In making its Board appointments, the City Council shall give due consideration to candidates with
connections to or relations with local utility companies, lending or bonding institutions and the advanced
energy industry. City Council appointed members shall be subject to the term limit provisions of Section
33.329(B).
(D) Should additional governmental entities enter into an agreement with the City of Fayetteville for
participation in and addition to Energy Improvement District No. 1, the composition and terms of
members of the Board of Directors shall be as agreed between the City of Fayetteville, the City of
Springdale and other participating and agreeing governmental entities.
PASSED and APPROVED on 6/21/2016
Page 2 Printed on 6122116
Ordinance: 5883
File Number: 2016-0290
Attest:
Sondra E. Smith, City Clerk
Treasurer
U•
• F, yF'�FVILLF� �
���'r►0ittttt��
Page 3 Printed on 6122116
r r City of Fayetteville, Arkansas 113 West Mountain Street
= Fayetteville, AR 72701
(479) 575-8323
I €j
.,� Text File
File Number: 2016-0290
Agenda Date: 6/21/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
ENERGY IMPROVEMENT DISTRICT NO. I MEMBERSHIP AGREEMENT:
AN ORDINANCE TO AUTHORIZE MAYOR JORDAN TO SIGN A MEMBERSHIP AGREEMENT
ALLOWING THE CITY OF SPRINGDALE TO BECOME A MEMBER OF ENERGY
IMPROVEMENT DISTRICT NO. 1, AND TO AMEND § 33.381 BOARD OF DIRECTORS,
MEMBERSHIP, TERMS OF OFFICE OF ARTICLE XXVI ENERGY IMPROVEMENT
DISTRICT NO. 1 TO PROVIDE FOR THE CITY OF SPRINGDALE'S REPRESENTATION ON
THE BOARD OF DIRECTORS
WHEREAS, on October 15, 2013, pursuant to the authority granted by Arkansas Code Annotated §
8-15-101 et seq. (the "Property Assessed Clean Energy Act"), the City of Fayetteville created Energy
Improvement District No. ] ; and
WHEREAS, on December 16, 2015, pursuant to the requirements of Arkansas Code Annotated §
8-15-106, the Springdale City Council passed Ordinance No. 5001 authorizing the City of Springdale to
join the District; and
WHEREAS, the approval of the Fayetteville City Council is required in order for the City of Springdale
to join the District and the Fayetteville City Code must be updated to provide for Springdale's
representation on the Board of Directors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a Membership Agreement allowing the City of Springdale to become a member of Energy
Improvement District No. 1.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.381 Board of
Directors, Membership, Terms of Office of ARTICLE XXVI ENERGY IMPROVEMENT
DISTRICT NO. 1 to the Code of Fayetteville, and enacts a replacement § 33.381 as follows:
33.381 Board of Directors, Membership, Terms of Office
(A) Until December 31, 2016,
Energy Improvement District No. 1 shall be
governed by a
Board of
Directors consisting of nine (9)
members. All seven (7) City of Fayetteville
appointees shall
remain on
the Board of Directors. The
City of Springdale shall appoint two members.
One City of
Springdale
City of Fayetteville, Arkansas Page 1 Printed on 612212016
File Number. 2016-0290
member shall be the Mayor of Springdale or the Mayor's designee. Should the Mayor designate a
member, said member shall serve at the pleasure of the Mayor. The remaining City of Springdale
member shall be a qualified elector of the District chosen by the Springdale City Council. The terms of
these members shall expire on December 31, 2016.
(B) After December 31, 2016, membership shall be allocated as follows:
(i) One (1) member shall be the Mayor of Fayetteville or the Mayor's designee. Should the Mayor
designate a member, said member shall serve at the pleasure of the Mayor.
(ii) One (1) member shall be the Mayor of Springdale or the Mayor's designee. Should the Mayor
designate a member, said member shall serve at the pleasure of the Mayor.
(iii) Four (4) of the remaining members shall be qualified electors of the District chosen by the
Fayetteville City Council, each to serve a term of two (2) years.
(iv) Three (3) of the remaining members shall be qualified electors of the District chosen by the
Springdale City Council, each to serve a term of two (2) years.
(C) In making its Board appointments, the City Council shall give due consideration to candidates with
connections to or relations with local utility companies, lending or bonding institutions and the
advanced energy industry. City Council appointed members shall be subject to the term limit provisions
of Section 33.329(B).
(D) Should additional governmental entities enter into an agreement with the City of Fayetteville for
participation in and addition to Energy Improvement District No. 1, the composition and terms of
members of the Board of Directors shall be as agreed between the City of Fayetteville, the City of
Springdale and other participating and agreeing governmental entities.
City of Fayetteville, Arkansas Page 2 Printed on 6/22/2016
Peter Nierengarten
Submitted By
City of Fayetteville Staff Review Form
2016-0290
Legistar File ID
6/21/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/3/2016 Sustainability & Resilience /
Chief of Staff
Submitted Date Division / Department
Action Recommendation:
Staff recommends entering into a membership agreement with the City of Springdale, Arkansas
for inclusion in Energy Improvement District No. 1.
Budget Impact:
Account Number Fund
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Previous Ordinance or Resolution # 5624
Original Contract Number:
Comments:
Project Title
Current Budget $
Funds Obligated S
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Approval Date:
V20140710
CITY OF
A7ay� e
ARKANSAS
MEETING OF JUNE 21, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Peter Nierengarten, Sustainability and Parking Director
DATE: June 3, 2016
SUBJECT: Property Accessed Clean Energy (PACE) Improvement District Membership
Agreement with the City of Springdale
RECOMMENDATION:
Staff recommends entering into a membership agreement with the City of Springdale, Arkansas
for inclusion in Energy Improvement District No. 1.
BACKGROUND:
Property Assessed Clean Energy (PACE) is a creative financing mechanism that allows
property owners to borrow money for weatherization, energy efficiency, renewable energy or
water conservation improvements to their property. The security of tying the repayment of loans
to property tax assessments combined with low default rates allow PACE to offer very low and
extremely attractive interest rates for these improvement loans. PACE is a completely voluntary
program that enables private investment for the purpose of energy savings.
PACE enabling legislation was passed by the Arkansas Legislature in the 2013 session and
signed by the Governor in April 2013. That legislation allows Cities, Counties or the State to
create Energy Improvement Districts within the State of Arkansas. The Arkansas Legislature
noted that Energy Improvement Districts would benefit Arkansas by:
• Creating jobs and stimulating the economy
• Generating significant economic development
• Protecting citizens from the rising cost of electricity and non-renewable fuels
• Providing citizens with options for financing improvements that are otherwise not
available
• Providing a positive cash flow on energy improvements
• Increasing the value of real property
• Improving the state's air quality and conserving natural resources
• Promoting energy independence and security for the nation and state
On October 15, 2013, the Fayetteville City Council of passed Ordinance No. 5624, which
created Energy Improvement District No. 1. pursuant to Ark. Code Ann. § 8-15-101 to manage
PACE for the City of Fayetteville. In December 2014, the Energy Improvement District
successful launched the Arkansas_ Advanced_Eguity Energy (A2E2) program to administer
PACE for Fayetteville. In August 2015, the A2E2 and the Energy Improvement District
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
executed Arkansas' first PACE project, which included weatherization and energy efficiency
improvement on a Fayetteville Office Building.
DISCUSSION:
Expansion of Energy Improvement District No. 1 to include Springdale will approximately double
the population and incorporated area that will have access to PACE financing for property
improvements. District expansion creates a much larger pool of eligible PACE properties, which
ultimately makes the District stronger.
On December 16, 2015, the City Council of the City of Springdale passed Ordinance No. 5001,
authorizing Springdale to participate in Property Assessed Clean Energy Improvement District
No. 1. Since that time, the Fayetteville City Administration and the City Attorney's Office have
been negotiating an agreement for the City of Springdale to join the Energy Improvement
District. In the proposed Membership Agreement, the number of board positions on the Energy
Improvement District will be expanded from 7 to 9 and at the end of 2016 the board will consist
of 5 Fayetteville members and 4 Springdale members. The Chair and Vice -Chair positions will
rotate annually between a Fayetteville and a Springdale member.
Expansion of Energy Improvement District No. 1 to include the City of Springdale, was
discussed at the February 8'h Energy Improvement District Board meeting and received
unanimous support.
BUDGET/STAFF IMPACT:
Energy Improvement District No. 1 is legally and financially independent of the City of
Fayetteville and the City of Springdale and there is no budget impact associated with continued
support for an expansion of Energy Improvement District No. 1. Staff from Fayetteville and
Springdale will jointly provide support to the Energy Improvement District board members.
Attachments:
Energy Improvement District No. 1 Membership Agreement
7
ENERGY IMPROVEMENT DISTRICT NO. 1
Membership Agreement
Purpose:
On October 15, 2013, the City Council of the City of Fayetteville passed Ordinance No. 5624,
which created a "Property Assessed Energy Improvement District" pursuant to Ark. Code Ann. §
8-15-101. On December 16, 2015, the City Council of the City of Springdale passed Ordinance
No. 5 00 1, authorizing Springdale to participate in Property Assessed Energy Improvement District
No. 1. This is the Membership Agreement between the City of Fayetteville and the City of
Springdale.
Board of Directors, Membership, Terms of Office
(A) Energy Improvement District No. 1 shall be governed by a Board of Directors
(hereinafter 'Board") consisting of nine (9) members.
(B) Upon execution of this agreement and until December 31, 2016, the City of
Springdale shall be allocated two members to join the existing seven -member Board
a. One member shall be the Mayor of Springdale or the Mayor's designee. Should
the Mayor designate a member, said member shall serve at the pleasure of the
Mayor.
b. One member shall be a qualified elector of the District chosen by the Springdale
City Council.
c. The terms of these members shall expire December 31, 2016.
(C) After December 31, 2016, membership shall be allocated as follows:
a. One member shall be the Mayor of Fayetteville or the Mayor's designee.
Should the Mayor designate a member, said member shall serve at the pleasure
of the Mayor.
b. One member shall be the Mayor of Springdale or the Mayor's designee. Should
the Mayor designate a member, said member shall serve at the pleasure of the
Mayor.
c. Four of the remaining members shall be qualified electors of the District chosen
by the Fayetteville City Council, each to serve a term of two (2) years.
d. Three of the remaining members shall be qualified electors of the District
chosen by the Springdale City Council, each to serve a term of two (2) years.
(D) Should additional governmental entities enter into an agreement with the City of
Fayetteville for participation in and addition to Energy Improvement District No.
1, the composition and terms of members of the Board of Directors shall be as
agreed between the City of Fayetteville, the City of Springdale and other
participating and agreeing governmental entities.
(E) Any vacancy shall be filled in accordance with the respective Member's
appointment procedures.
Board of Directors — Officers
(A) The Board shall have a Chair and Vice Chair.
a. Officers shall be elected by majority vote of the board members present at the
first meeting of each year.
b. Terms for officers shall be one year.
c. Beginning in 2017, the Chair shall be a City of Fayetteville member in odd
years and a City of Springdale member in even years.
d. Beginning in 2017, the Vice -Chair shall be a City of Springdale member in odd
years and a City of Fayetteville member in even years.
e. The Board of Directors shall have such powers, duties and responsibilities as
set forth in Ark. Code Ann. § 8-15-101, et seq.
Staff Liaison
(A) Each participating governmental entity in the District shall have a Staff Liaison to
organize meetings and agendas and help parties from their respective jurisdictions
apply for PACE loans.
a. The Sustainability & Resilience Department Director for the City of
Fayetteville shall serve as the staff liaison for the City of Fayetteville.
b. The Director of Engineering or his/her designee shall serve as the staff liaison
for the City of Springdale
Meetings
(A) The Board shall meet at least one time per quarter.
(B) Meeting times and locations shall be set by the Board's bylaws.
Legal and Financial Independence
In the operation of its business, Energy Improvement District No. I is legally and financially
independent of the City of Fayetteville and City of Springdale. No debt entered into by the District
shall ever be construed as an obligation of the City of Fayetteville or of any other governmei���i����
entity which may participate in the District. YR�`
APPROVED: ATTEST: — • s
�; FAYEITEVILI. F .�=
CITY OF YETTE LLE
*9
By By:
ON
IONELD AN, Mayor SONDRA E. SMITH, City Clerk/Treasu Wit
CITY F RWGI)
By: By;
lj0_1JG SVIOCITA, Mayor DENISE PEARCE, City Clerk
Ernest B. Cate
City Attorney
ecate@springdalear.gov
'T'ayCor Sa.mpCes
Senior Deputy
City Attormy
tsamples@sprihgdalear.gov
Sarah Sparkman
Deputy City Attorney
ssparkman@spdngdalear.gov
David D. PhiCCps
Deputy City Attorney
dphillips@springdalear.gov
Lynda BeCvedresi
Case Coordinator/
victim Advocate
lbelvedresi@sp6ngdalear.gov
Steve q-CeCms
7nvesti ator
shelms@springdalear.gov
Cindy TCor-64
Adinfnfstratfiv fe�aC
rtssfsrant�Parnrn�oac
chorlick@springdalear.gov
Jacque Roth
Dolt Coordihnatorl
Discovery Clerk
jroth@sp(ingdalear.gov
Office Of T'he City Attorney
2oi Spring Street
SpringdaCe, Arkansas 72764
Phone (479) 756-5900
Tax (479) 750-4732
www.springdaCeargov
July 11, 2016
Mr. Blake E. Pennington
Fayetteville Assistant City Attorney
113 W. Mountain St., Suite 302
Fayetteville, AR 72701-6083
'IEDEIVED
JUL 14 2016
CITY ATTORNEY'S OFFICE
RE: Membership Agreement — Energy Improvement District No. 1
Dear Blake:
Enclosed is the Energy Improvement District No. 1 Membership Agreement
which has been signed by both Mayor Sprouse and Denise Pearce, City Clerk.
SS:ch
Enclosure
Sincerely,
Sar, Sparkman
Deputy City Attorney
NORTHWEST ARKANSAS
Demo= Gazette
RECEIVED
JUN 3 0 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette,
printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my
own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord No, 5883
Was inserted in the Regular Edition on:
June 30, 2016
Publication Charges $235.30
OaR.��1
1
Cathy Wiles
Subscribed and sworn to before me
This 3D day off, 2016.
Asv Lbtl I)a L
Notary Public
My Commission Expires:7/Z 12-5-
F- -0"�J
Notary
HLEY DAVIS
Washington County
- Comm# 12694247
on Expires Jul 2, 2025
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 5883
File Number: 2016-0290
ENERGY
IMPROVEMENT
DISTRICT NO. I MEMBERSHIP
AGREEMENT:
AN ORDINANCE TO
AUTHORIZE MAYOR JORDAN
TO SIGN A MEMBERSHIP
AGREEMENT ALLOWING THE
CITY OF SPRINGDALE TO
BECOME A MEMBER OF
ENERGYIMPROVEMENT
DISTRICT NO. 1, AND TO
AMEND § 33.381 BOARD OF
DIRECTORS, MEMBERSHIP,
TERMS OF OFFICE OF
ARTICLE XXVI ENERGY
IMPROVEMENT DISTRICT NO.
1 TO PROVIDE FOR THE CITY
OF SPRINGDALE'S
REPRESENTATION ON THE
BOARD OF DIRECTORS.
WHEREAS, on October 15, 2013,
pursuant to the authority granted by
Arkansas Code Annotated § 8-15-
101 et seq. (the "Property Assessed
Clean Energy Act"), the City of
Fayetteville created Energy
Improvement District No. 1; and
WHEREAS, on December 16,
2015, pursuant to the requirements
of Arkansas Code Annotated § 8-
15-106, the Springdale City
Council passed Ordinance No.
5001 authorizing the City of
Springdale to join the District, and
WHEREAS, the approval of the
Fayetteville City Council is
required in order for the City of
Springdale to join the District and
the Fayetteville City Code must be
updated to provide for Springdale's
representation on the Board of
Directors.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of
the City of Fayetteville, Arkansas
hereby authorizes Mayor Jordan to
sign a Membership Agreement
allowing the City of Springdale to
become a member of Energy
Improvement District No. 1.
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals § 33.381 Board of
Directors, Membership, Terms of
Office of ARTICLE XXVI
ENERGYIMPROVEMENT
DISTRICT
NO. 1 to the Code of Fayetteville,
and enacts a replacement § 33.381
as follows:
33.381 Board of Directors,
Membership, Terms of Office
(A) Until December 31, 2016,
Energy Improvement District No. 1
shall be governed by a Board of
Directors consisting of nine (9)
members. All seven (7) City of
Fayetteville appointees shall remain on
the Board of Directors. The City of
Springdale shall appoint two members.
One City of Springdale member shall
be the Mayor of Springdale or the
Mayors designee. Should the Mayor
designate a member, said member shall
serve at the pleasure of the Mayor. The
remaining City of Springdale member
shall be a qualified elector of the
District chosen by the Springdale City
Council. The terms of these members
shall expire on December 31, 2016.
(B) After December 31, 2016,
membership shall be allocated as
follows:
(i) One (1) member shall be the Mayor
of Fayetteville or the Mayor's
designee. Should the Mayor designate
a member, said member shall serve at
the pleasure of the Mayor.
(ii) One (1) member shall be the Mayor
of Springdale or the Mayor's designee.
Should the Mayor designate a member,
said member shall serve at the pleasure
of the Mayor.
(iii) Four (4) of the remaining members
shall be qualified electors of the
District chosen by the Fayetteville City
Council, each to serve a term of two
(2) years.
(iv) Three (3) of the remaining
members shall be qualified electors of
the District chosen by the Springdale
City Council, each to serve a term of
two (2) years.
(C) In making its Board appointments,
the City Council shall give due
consideration to candidates with
connections to or relations with local
utility companies, lending or bonding
institutions and the advanced energy
industry. City Council appointed
members shall be subject to the term
limit provisions of Section 33.329(B).
(D) Should additional governmental
entities enter into an agreement with
the City of Fayetteville for
participation in and addition to Energy
Improvement District No. 1, the
composition and terms of members of
the Board of Directors shall be as
agreed between the City of
Fayetteville, the City of Springdale and
other participating and agreeing
governmental entities.
PASSED and APPROVED on
6/21 /2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73753930 June 30, 2016
NORTHWEST ARww
Demo= *Gazette
P.O. EOX 1607, FAYETTEVILLE, AR 72702. 479.442.1700 • FAX 479-695-11I8 • WWW.NWADG.CON
AFFIDAVIT OF PUBLICATION
RECEIVED
JUN 3 0 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette,
printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my
own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord No, 5883
Was inserted in the Regular Edition on:
June 30, 2016
Publication Charges $235.30
&' 04
Cathy Wiles
Subscribed and sworn to before me
This 3j day of a^L, 2016.
A� W ,, "'N 3
Notary Public
My Commission Expires:7/Z /Z,T
ASHLEY 0AVIS
Arkansas - Washington County
Notary Public - Comm# 12694247
My Commission Expires Jul 2, 2025
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 5883
File Number: 2016-0290
ENERGYIMPROVEMENT
DISTRICT NO. 1 MEMBERSHIP
AN ORDINANCE TO
AUTHORIZE MAYOR JORDAN
TO SIGN A MEMBERSHIP
AGREEMENT ALLOWING THE
CITY OF SPRINGDALE TO
BECOME A MEMBER OF
ENERGYIMPROVEMENT
DISTRICT NO. 1, AND TO
AMEND § 33.381 BOARD OF
DIRECTORS, MEMBERSHIP,
TERMS OF OFFICE OF
ARTICLE XXVI ENERGY
IMPROVEMENT DISTRICT NO.
1 TO PROVIDE FOR THE CITY
OF SPRINGDALE'S
REPRESENTATION ON THE
BOARD OF DIRECTORS.
WHEREAS, on October 15, 2013,
pursuant to the authority granted by
Arkansas Code Annotated § 8-15-
101 et seq. (the "Property Assessed
Clean Energy Act"), the City of
Fayetteville created Energy
Improvement District No. I; and
WHEREAS, on December 16,
2015, pursuant to the requirements
of Arkansas Code Annotated § 8-
15-106. the Springdale City
Council passed Ordinance No.
5001 authorizing the City of
Springdale tojoin the District; and
WHEREAS, the approval of the
Fayetteville City Council is
required in order for the City of
Springdale tojoin the District and
the Fayetteville City Code must be
updated to provide for Springdale's
representation on the Board of
Directors.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of
the City of Fayetteville, Arkansas
hereby authorizes Mayor Jordan to
sign a Membership Agreement
allowing the City of Springdale m
become a member of Energy
Improvement District No. 1.
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals § 33.381 Board of
Directors, Membership, Terms of
Office of ARTICLE XX V I
ENERGYIMPROVEMENT
DISTRICT
NO. I to the Code of Fayetteville,
and enacts a replacement § 33.381
as follows
33.381 Board of Directors,
Membership, Terms orORce
(A) Until December 31, 2016,
Energy Improvement District No. I
shall be governed by a Board of
Directors consisting of nine (9)
members. All seven (7) City of
Fayetteville appointees shall remain on
the Board of Directors. The City of
Springdale shall appoint two members.
One City of Springdale member shall
be the Mayor of Springdale or the
Mayors designee. Should the Mayor
designate a member, said member shall
serve at the pleasure of the Mayor. The
remaining City of Springdale member
shall be a qualified elector ofthe
District chosen by the Springdale City
Council. The terms ofthem members
shall expire on December 31, 2016.
(B) Alter December 31, 2016,
membership shall be allocated as
follows:
(i) One (1) member shall be the Mayor
of Fayetteville or the Mayor's
designee. Should the Mayor designate
a member, said member shall sent at
the pleasure of the Mayor.
(ii) One (1) member shall be the Mayor
of Springdale or the Maya's designee.
Should the Mayor designate a member,
said member shall serve at the pleasure
(in) Four (4) of the remaining members
shall be qualified electors of the
District chosen by the Fayetteville City
Council, each to serve a tern oftwo
(2) years.
(iv) Three (3) of the remaining
members shall be qualified electors of
the District chosen by the Springdale
City Council, each to serve a tern of
(C) In making its Board appointments,
the City Council shall give due
consideration to candidates with
connections to or relations with local
utility companies, lending or bonding
institutions and the advanced energy
industry. City Council appointed
members shall be subject to the tern
limit provisions of Section 33.329(B).
(D) Should additional governmental
entities enter into an agreement with
the City of Fayetteville for
participation in and addition to Energy
Improvement District No. I, the
composition and terms ofinembers of
the Board of Directors shall be as
agreed between the city of
Fayetteville, the City of Springdale and
other participating and agreeing
governmental entities.
PASSED and APPROVED an
6/212016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73753930 June 30, 2016