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2235ORDINANCE NO. Z ~ 3S AN ORDINANCE TO FILL TWO VACANCIES IN THE POSITION OF COMMISSIONERS OF THE WEST MEMPHIS, ARKANSAS, ROAD, WATER AND SEWER IMPROVEMENT DISTRICT NO. 10, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, pursuant to A.C.A. § 14-88-304, five {5) or more property owners of the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10 have submitted a petition to the City Council of the City of West Memphis, Arkansas, calling attention to vacancies on the board of commissioners, due to the deaths of J. F. Waggoner and Robert L. Cox, and requesting the appointment of new commissioners to fill the vacancies; and WHEREAS, it is the duty of the City Council to take forthwith the necessary steps to fill the vacancies by appointment of new commissioners who shall be property owners in the district; NOW ,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. The City Council finds that vacancies should be, and hereby are, declared to exist in the positions of commissioner of the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10 previously held by J. F. Waggoner and Robert L. Cox. SECTION 2. Vacancies in the position of commissioner shall be filled by appointment by the City Council, as in the first instance, and Scott Ferguson and Thomas B. Goldsby, Jr., are hereby appointed to the positions of commissioner of the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10 previously held by J. F. Waggoner and Robert L. Cox, respectively. SECTION 3. EMERGENCY CLAUSE. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that an urgent and immediate need exists to fill the two vacancies existing in the position of commissioner of the West Memphis, Arkansas, Road, Water and Sewer Improvement District No. 10 due to the fact that two of the three commissioner positions are currently vacant and the Improvement District can take no actions until such vacancies are filled, an emergency is hereby declared, and this ordinance being necessary for the preservation of the peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this s day of /~ a ~ ~ ~b~' , 2009. ~'i~ ~ ~~~ WILLIAM H. JOHN ,MAYOR ATTEST: ~~C~ PHIL P ,CITY CLERK SPONSORED BY: ~~tv ~S~rk's Office By~