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1500. i fig k ~l ORDINANCE N0. ISOO AN ORDINANCE AMENDING ORDINANCE N0. ~5T0 ADOPTED AND APPROVED OCTOBER 19, 197$, EXPAND THE POWER AND AUTHORITY OF, AND CHANGE THE NAME OF, THE C>=TY OF WEST MEMPHIS, ARKANSAS RESIDENTIAL HOIISING FACILITIES BOARD; PRESCRIBING OTHER MATTERS PF,t2TAINTNG THERETO; AND DECLARING AN EMERGENCY. y~EREAS, pursuant to the provisions of Act No. l42 of the Acts of Arkansas of x.975 (now codified, as amended, as Title 14, Chapter 137 of the Arkansas Code of 1987 Annotated) (the "Act"), the City of West Memphis, Arkansas Residential Housing Facilities Board (the ~~8oard") was created by Ordinance No. 951. (the "Enabling Ordinance"), duly adopted and approved by the Mayor and Clon Council of the City of West Memphis,, Arkansas (the "City"), October 19, ].978 ; and WHEREAS, the general powers of the Board are limited by the Enabling Ordinance to the development of residental housing facilities within or near the City of West Memphis, as more specifica~.ly described in the Enabling Ordinance; and WHEREAS, in order tc~further the public purposes set forth in the Act, it has been determined that the power and authority of the Board should be expanded to permit the Board to engage in other types of facilities projects as described in the Act; and WHEREAS, to accomplish such purpose it is neces$ary that the Enabling Ordinance be amended; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West MemphXS, Arkansas: Section 1. Section 1 of the Enabling Ordinance is hereby amended to read as fal7.ow: Section 1. Findin4s. {a) The findings set forth in Section 1 of Ordinance No. 951 are hereby confirmed and continued as if set forth herein. {b) The city Council of the city hereby' further finds and determines there may exist from time tc time within the city a need for health care facilities, emergency medical health care facilities, residenti2tl housing facilities, off-street parking facilities, recreational. and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, hydroelectric power prvjects, education facilities, or other capital improvement facilities as set forth and defined in the ACt. (c) The public purposes of financing or otherwise developing such facilities projects may best be served by establishing a public facilities board, as provided in the Act. Sec ion 2. Section 2 of the Enabling Ordinance is hereby amended to read as follows: Section 2. creation of Board. Pursuant to the authority of the Act there is hereby created and established the "City of West Memphis, Arkansas Public Facilities Board" (hereinafter referred to as the "Board") with authority as hereinafter provided to accomplish the purposes set forth herein. Section_~. Section 4 of the Enabling ordinance is hereby amended to read as follows: Section 4. Powers. The Board is empowered, unless otherwise limited in this Ordinance, to own, acqua.re, construct, reconstruct, extend, equip, improve, operate, ma~.ntain, sell, lease, contract concerning (which shall include the making of loans to mortgage lenders as provided in the Act} , and otherwise deal in or dispose of health care facilities, emergency medical health care facilities, residential housing facilities, off-street parking facilities, recreational and tourist facilities, waterworks facilities, sewer facilities, facilities for securing or developing industry, energy facilities, hydroelectric power projects, education facilities, and other capital improvement facilities as set forth and defined in the Act, as shall be determined by the Board to be in the best interest of the City and its inhabitants. In addition, the Board shall have each of the powers set forth in Section 14-137--111 of the Act and appropriate to the purposes for which the Board is created. The Board may enter into such contractual or cooperative agreements with such persons as may, in its discretion, be advisable to accomplish the purposes of this Ordinance, including, without limitation, departments, agencies or instrumentalities of the IInited States of America, the State of Arkansas, and the City. Section 4. Section 5 of the Enabling ordinance is hereby amended to read as follows: Section 5. Issuanc of Bonds. The Board is authorized to issue revenue bonds, from time to time, and to use the proceeds, either alone or together with other available funds and revenues, to accomplish the purposes for which the Board is created. Such revenue bonds shall be obligations only of the Board and shall not constitute an indebtedness fvr which the faith and cxedit of the City oz any of its revenues are pledged, and the ,i ;principal and interest on the bends shall be paya.b~e from 'and secured by a p~.edge of revenues derived from the facilities financed, in whole yr in part, by proceeds of the bonds, from investment revenues ar other revenues derived from such proceeds, and as authorized by, and in accordance with, the provisions of the Act and as the Hoard in its discretion may determine. Section 5. Section 6 of the Enabling Ordinance is hereby repealed. Section 6. All ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section ~. That there is hereby found and declared to be an immediate need for the issuance of revenue bonds by the Board in order to provide substantial savings to the Huard and needed public facilities,. thereby benefiting the public health, safety and welfare of the City and the inhabitants thereof, and the matters authorized hereby are imnted~.ately necessary for the accomplishing of these public benefits and purposes. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall be in force and effect immediately upon and after its passage. PASSED: December 5, 1991. AP ROVED: ATTEST: ayor City C (SEAL) Sponsor: