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1564+ bRD IAJ~N~C R~I°C~LE D ORDINANCE NO. 1564 -rh.~ ~~n cam.-c,c. Wc.~ Jtit,Qol do /.1ec~ a ~ , 1 °i 9 3 C-F o ne.~.e.-..Q~ ~ ) S 7 y.,o 5 n y AN DINANCE REPEALING ORDINANCE NO. 1069 F THE CITY OF WEST EMPHIS, ARKANSAS; CREATING THE WEST MEMPHIS WATER AND LIGHT OMMISSION, PROVIDING FOR THE WEST MEMPHIS WATER AND LIGHT C MMISSION'S AUTHORITY TO OPERAT AND MANAGE THE WEST MEMPHIS TER AND ELECTRIC UTILITY SYS EMS IN ACCORDANCE WITH ENAC ENTS OF THE GENERAL ASSEMB Y OF THE STATE OF ARKANSAS, D TO MANAGE AND OPERATE HE WEST MEMPHIS WASTE WATER UTILI SYSTEM IN CONNECTION ITH THE WEST MEMPHIS WATER UTILIT SYSTEM; AND FOR OTHE PURPOSES. WHEREAS, the City Council of the/city of West Memphis, Arkansas, hereby find ~ that, du.e tp~ increasing duties and responsibilities of the ~blic U ility Department owned by the City of West Memphis, Arkansas, for maintenance of mandated environmental standards for participation in competiti er and waste water services, elc~tric utility bulk power markets, increased respons'bilitie~ under new Federal laws and regulations concerning cl an air. and. lean water, it is necessary for the City f West Memphis, Arkansas, to modify management responsibil ty for the West Mem his Utility Department; and WHEREAS, it is ~he finding of the City Coun~il of the City of West Memphis, kansas, that, in order to acco plish these purposes, the du ies and responsibilities of the We t Memphis Utilities Commi sion created by Ordinance No. 1069 sh uld be assumed along ith other responsibilities described in his Ordinance by, a Commission authorized by the Arkansas Gener 1 Assembly, specifically Act 115 of 1957, as amended; and WHEREAS, the City Council further finds and determines that the West Memphis Water and Electric Utility System within the West Memphis Utility Department meets al.l of the qualifications ~~ ~ ~-n ~~~~ ~~ of Act 115 of 1957, as amended, for creation of a separate state- authorized water and light commission; and WHEREAS, The City of West Memphis, Arkansas, therefore desires to create a Commission to be known as the "West Memphis Water and Light Commission" pursuant to the specific authorization in Acts 1957, No. 115, as amended, A.C.A. Section 14-201-102, et seg.; nd WHEREAS, in order t delineate the uthority, duties and responsibilities of the We`stt Memphis ater and Light Commission, a recitation within this Ordi ance f the specific authorizations of State Law to West Memphis Water and Light Commission is being made by the i y Council in this initiating legislation to properly define he s ope and duties of the West Memphis Water and Light Commi Sion. A itional.ly, this Ordinance shall also be deem d the City Co ncil's specific intent to make the delegatio of authority authorized by Act 115 of 1957, as amended, to the West Memphis Water and Light Commission; and, WHEREAS, the City Council further finds and determines that the West Memphis Water Utility System has historically been operated in connection with the West Memphis Water Utility i.n the principal functions associated with personnel, financing of system improvements, and establishment of .rates for service and should., therefore, be operated by the West Memphis Water and Light Commission in connection with. the West Memphis Water Utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Termination of Authority of the West Memphis Waste Water Utility Systems. The authority of the West emphis ~, Utility Commi Sion with respect to the Water, Electri and Waste Water uti ity systems within the West Memphi Utility Department of the City established in Ordinance 1069 shall terminate upon the ffective date of qualifica ion and organization of the We t Memphis Water and Light Commission created pursuant to this rdinance. / SECTION 2. Creation of West Mem his Water and Light Commission. There is hereby reated nder the specific authority of Act 115 of 1957 of th General Assembly of the State of Arkansas, as amended, A A. Section 14-201-102, et seq., the "West Memphis Water nd Li t Commission" (Water and Light Commission). It is th specific 'ntent to vest in the Water and Light Commission 11 powers that: ay be granted it by the City Council of the Ci y of West Memphis, kansas, under the authority of Act 115 0 1957, as amended, whet er or not specifically cited or ref rred to in this Ordinance. Additionally, under the A thority of Section 9 of Act 11 of 1957, as amended, the We t Memphis Water and Light Commission, if acceptable to it, may manage and operate the West Memphis Waste Water Utility sys em in conjunction with its operation of the West Memphis Water Utility System. SECTION 3. Membership. In accordance with Act 115 of 1957, as amended, the Water and Light Commission shall consist of five (5) citizens who are qualified electors of Crittenden County and not less that thirty-five (35) years of age and s 11 have all o the duties, powers, responsibilities and ob igations as set forth in Act 115 of 1957, as amended. SECTION 4. Appointment. In accordance th Act 115 of 1957, as amende members of the Water and ght Commission shall be appointe by the Mayor and conf' med by a two-thirds (2/3) vote of the Ci y Council. SECTION 5. Ter In acco dance with Act 115 of 1957, as amended, the Water and fight ommission Members shall have the following terms: the pe on appointed to position number one (1) shall serve for a t rm 2) years; the person appointed to position number two (2) shall s rve for a term of four (4) years; the person appoint d to positi number three (3) shall serve for a term of six (6) years; the p son appointed to ~ position number four (4) shall serve for a t rm of eight (8) "~~ years; the person appointed to position number five (5) shall serve for a term of ten ( 0) years. The successor members shall be appointed for a term o ten (10) years. SECTION 6. Vacancies. In accordance with Act 11 of 1957, as amended, all vacs Gies occurring in the membership o the Water and Light Commis ion due to death, resignation, or other cause shall be filled by the Mayor appointing a person to fill the unexpired term of t e membership so vacated, subject to the approval of two-thirds o the City Council. SECTION 7. Successors. In accordance with Act 115 of 1957, as amended, successors to members of the Water and Light Commission whose terms have expired or who fill the unexpired port~on of a term shall be appointed by the Mayor, subject to the approval by a two-thirds (2/3) vote of the City ouncil. ~" SECTION 8. Qualifications. In accordance ith Act 115 of 1957, as ended, no member of the Water an Light Commission shall hold any ective or other appointive office under the municipal, county, state or federal gover ment while a member of the Water and Light mmission. No me er shall be a candidate for any elective office hile a mem r of the Water and Light Commission. No member of e Wat r and Light Commission shall be an employee of any private lity company. SECTION 9. Oath.. In a co ante with Act 115 of 1957, as amended, before entering upon their ies as commissioners, each member of the Water and Light Commis 'on shall take the oath prescribed by the Arkan as Constitution, Article 19, Section 20. "'rrs SECTION 10. General owers. The City Counci of the City of West Memphis acknowledge , confirms and hereby rati 'es the delegation of authority to he Water and. Light Commission, s authorized by Act 115 of 1 57, as amended. Therefore, upon i qualification and organiza, ion, the Water and Light Commission shall have full power, int r alia, to manage, operate, improve, extend, maintain and cont act concerning the municipal waterworks and distribution system (including, if accepted, the operation of the West Memphis Waste Water Utility in connection with the West Memphis Water Utility System) and the electric '~ light system and plant and shall have the full powers to mploy or remove any and all exisi~ing employees and to fix, r gulate and pay their salaries. Without limiting the genet ities of the foregoing, the Water. and Light Commission is mpowered to ~~ acquit , construct and equip any and all facil ties consisting of real operty, personal property or mixe property of any and every kind ich in the judgment of the ter and Light Commission are necessary or useful as part of or in connection with the municipa waterworks and d' tribution system (including, if accept , the oper tion of the West Memphis Waste Water Utility system) and e e ectric light plant and system, including, without limitation, acilities for the generation of electric power and related tr nsmi ion facilities which may be located within or without th corporat .boundaries of the city. The Water and Light Commissi n is empower d to establish rates for water and electricity a d may change the ates when the facts so warrant. The Wate and Light Commissio is empowered to execute long-term contr cts with utility service subject to the power to change the r tes applicable to them as se out in this Section. SECTION 11. Finan in of S stem Im rovements. The Cit Council of the City of W st Memphis acknowledges, confirms and hereby ratifies the del gation of authority to the Water and Light Commission, as au horized by Act 115 of 1957, as amended, or as it may be amended, for financing of utility system components. Therefore: (a) The Water and Light Commission may borrow money and issue negatiable evidences of debt therefor either in the form of bonds or short-term notes, and it may execute such negotiable notes or bonds to obtain the funds needed to carry out its functions. ' (b) The Water and Light Commission may also ple e its a revenues including the income from operations, an it may mortgage water orks or electric system property to secure the payment of money orrowed. (c} The issuan of bonds or notes s 11 be by a resolution of the Water and Light ommission. (d) The terms, condi 'ons, and a thority for the issuance of bonds by the Water and Lig t Com fission have been and are established from time to time by ct 115 of 1957, as amended, of the General Assembly of the Stat of rkansas and all provisions of Act 115 of 1957, a.s amended not sped ally referred to in this Ordinance are incorporated by reference in this Ordinance. SECTION 12. Abolitio of Water and Light Commissio In creating the West Memphis ater and Light Commission, the City Council of West Memphis a knowledges that, in accordance with Act 115 of 1957, as amen ed, the Water and Light Commission established by this Ord nance cannot be abolished except by a majority vote of the e ectorate of the City at either a special election called for t at purpose or at a general election. No abolition of any such Commission, whether pursuant to the provisions of Acts 1957, No. 115, or otherwise, shall affect the rights, properties or obligations held or incurred by the Commission. SECTION 13. Meetings. In accordance with Act 115 of 1957, as amended, and the Arkansas Freedom of Information Act, all meetings of the Water and Light Commission shall be open t the pu is and all rules, regulations and records of the Commissio shall become public records. SECTION 14. Rules and Regulations. In accord ce with Act 115 of 19 7, as amended, the Water and Light mmission shall adopt such rules and regulations as it de ms necessary and proper for the ope ation and management of t e water works and distribution system a d electric light pla t and system, and it is empowered to change t rules and re ulations at any time the Commission desires to do so. he Wa r and Light commission may obtain prohibitive and mandatory junctions against any person for refusal to comply with the r gula 'ons of the Commission. SECTION 15. Adoption of xistin~ Contr is Notes, Bonds Purchases, _SUpplies and Servic s. In accordance wi Act 115 of '~,~,,, 1957, as amended, the Water a d Light Commission shall ke office subject to any previo s contracts for bonds or notes, purchase of supplies and services performed, all of which are ratified and confirmed. (and tion with the Water Utility System) and elect r.ic utility properties of the West Memphis Utility Department, whether real, personal or mixed including any liquidated or unliquidated legal claims SECTION 16. Transf r of_Propert~. All water utility if accepted, the W ste Water Utility System in connec are hereby transferred to the Water and Light Commission upon the qualification and organization of the Water and Light Commission. The Finance Director of the City of West Memphis, Arkansas, upon the qualification and organization of the Wat r and Light Commission shall promptly (within thirty (30) ys) i transfer to the Water and Light commission all records of the West Memphis Water, Electric and Waste Water. Utilit Systems maintained b him under the authority of Section. 0 of Ordinance #1069. All othe' duties of the Finance Direc r regarding the Water, Electric., an Waste Water utility sy ems of the City of West Memphis shall to urinate at that ti.me- SECTION_17. Surpl Funds. In cordance with Act 115 of 1947, as amended, any surplus emain' g after expenditures authorized by Act 115 of 1957, as ended, not to exceed 4.75%, shall be made available by the We t M phis Water and Light Commission to the City of West emphis for ny lawful municipal purpose. SECTION 18. Waste Wate Utility_S~tem. There is hereby assigned by the City of West Memphis to the West Memphis ter and Light Commission with r gard to its operations of the West Memphis Waste Water Utilit system in connection with the West Memphis Water System, if ccepted by the West Memphis Water and Light Commission, the co ract dated the 4th day of May, 1990, by and between the West emphis Utility Commission and Operations Managements, nternational, Inc., for operation of the West Memphis Waste Water treatment facilities. SECTION 19. Reser_v_ation of__Ci~Council .Authority as to Rates _for_Service and Financing of S~stem_Improyements. Notwithstanding Sections 10 and 11 of this Ordinance, the City Council of the City of West Memphis, Arkansas, in accordance with applicable law, and recognizing that Act 115 of 1957, as amended, is no an exclusive managerial and operational authority for mu icipally owned water and electric utility systems, shall app ove or. disapprove changes in rates f r water and electric service under Section 10 of this Ordina ce within 30 days of Water and Light Commission. action, and hall approve or disapprove issuance o debt associated with financing of system improvements under. ection 11 of this O dinance within 30 days of Water and Light Commission action.. he City Council specifically finds and determi es that th retention of such authority is consistent with fin ncing equirements under otherwise applicable law, includin t e Constitution of the State of Arkansas, and that the Ark ns s Statutory and Constitutional Referendum and Init ative ovisions as applied to municipally-owned utility rate for servic and issuance of debt for system improvements re sires "municipa.l c cils" to either refer to the electorate easures to change munici lly- owned utility rates or to enac measures which commence the period of time allowed. for the gathering of signatures for the referral to the electorate of measures changing municipally- owned utility rates and for the issuance of debt for system improvements. Should the City Council of West Memphis fail to approve of deny Water and Light Commission's measures for - - - - ~ - changes in rates for utility service under Section 10 or issuance of debt for system improvements under Section 11 -the Water and Light Co fission measures shall be deemed proved on the 31st day after Water and Light Commission app oval. .. SECTION 20. Re e ler. All Ordinances o parts of .,,,~, Ordinances in conflict he ewith, are hereby repealed. Ordinance No. 1069 is repealed upon e effective ate of qualification and organization of the Water. and Lig Commission created by this Ordinance. SECTION 21. Severabili~. any provision of this Ordinance or the application th reof any person or circumstance is held invalid, uch invali ity shall not affect other provisions or applicat'ons of the Ordi nce which can be ~ ~ given effect without the in alid provision or ap ication, and to this end, the provisions of this Ordinance are declared to be severable. 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