15716M _ ! ® ® M ® ® M ® M M M M M
0
0
1
2 ORDINANCE NO. 15,716
3
4
5 AN ORDINANCE CREATING THE CITY OF LITTLE ROCK,
6 ARKANSAS HEALTH FACILITIES BOARD (COMMUNITY
7 LIFE SERVICES) PURSUANT TO THE PROVISIONS OF
8 TITLE 14 CHAPTER 137 OF THE ARKANSAS CODE OF
9 1987 ANNOTATED; PRESCRIBING OTHER MATTERS
10 RELATING THERETO; AND DECLARING AN
11 EMF.FGENCV .
12
13 WHEREAS, the City of Little Rock, Arkansas (the "City "),
14 pursuant to the provisions of Title 14, Chapter 137 of the
15 Arkansas Code of 1987 Annotated (the "Act "), is authorized to
16 establish public facilities boards for the purposes set forth in
17 the Act, which include assisting in the financing of "Health
18 Care Facilities" (as defined in the Act) within or near the
19 City; and
20 WHEREAS, it is important that communities establish
21 facilities for the mentally handicapped who do not require
22 institutionalization, but who do require some care in order to
23 become more fully integrated into society; and
24 WHEREAS, Community Life Services, Inc., an Arkansas
25 nonprofit corporation (the "Corporation "), has been awarded the
26 certificate of need to construct and equip two 10 -bed
27 intermediate care facilities in the City which can be
28 constructed on a .76 acre tract located approximately 177.56
feet south of the southeast corner of the intersection of
29
30 Michael Drive and Kanis Road in the City (the "Project "); and
31 WHEREAS, the Project is necessary in order to properly
32 meet the requirements of the citizens and residents of the City
and the State of Arkansas for health care facilities and
33
34 services for the mentally handicapped which are not being, and
35 cannot be reasonably met by other available health care
facilities; and
36
244
D-38
b-7
M ® _ _ M ® ! _ M M M
0 245
1 WHEREAS, the Project is in the public interest and
2 necessary for the preservation and protection of the health,
3 welfare, and safety of the citizens and residents of the City;
4 and
5 WHEREAS, the Project is an appropriate project for the
6 creation of a public facilities board; and
7 WHEREAS, financing arrangements must be made to fund the
8 Project on the best possible terms.
9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
10 OF THE CITY OF LITTLE ROCK, ARKANSAS:
11 SECTION It Findings_ The RnArd of Directors of the City
12 hereby finds and determines:
13 (a) The Project is necessary in order to properly meet
14 the requirements of the citizens and residents of the City and
15 the State of Arkansas for Health Care Facilities and services
16 for the mentally handicapped which are not being, and cannot be,
17 reasonably met by other available Health Care Facilities.
18 (b) Financing of the Project under the Act is and will be
19 necessary for accomplishing the Project and will insure the
20 availability of quality Health Care Facilities and services to
21 the public at the lowest possible cost, thereby benefitting the
22 public in general and the citizens and residents of the City in
23 particular.
24 (c) The City is authorized by the provisions of the Act
25 to provide financing of Health Care Facilities through the
26 creation of a public facilities board and the issuance of
27 revenue bonds by such public facilities board.
28 (d) It is in the best interest of the City and its
29 citizens and residents to create a public facilities board under
30 the Act and to limit the authority of that board to
31 accomplishing,. financing, contract concerning, and otherwise
32 dealing with Health Care Facilities to be operated by the
33 Corporation at the Site.
SECTION 2. Nondiscrimination. The facilities and services
34
35 afforded by the Project shall be made available to the mentally
36 handicapped, without discrimination on the basis of race, creed,
® = ® ! = M
246
1 religion or sex.
2 SECTION 3. Creation of board. Pursuant to the authority
3 of the Act there is hereby created and established the "City of
4 Little Rock, Arkansas Health Facilities Board" (Community Life
5 Services) (the "Board ") with authority as hereinafter provided
6 to accomplish, finance, contract concerning, and otherwise deal
7 with Health Care Facilities (as defined in the Act and as
8 described herein) to be operated by the Corporation at the
9 Site.
10 SECTION 4. Members of the Board; Term of Office. The
11 Board shall consist of fives parsons_ The initial members Shall
12 serve for terms of one, two, three, four, and five years,
13 respectively, as indicated below. Successor members shall be
14 selected as provided in the Act. As soon as practicable after
15 the enactment of this Ordinance each member of the Board shall
16 qualify by taking and filing with the City Clerk the oath of
17 office as prescribed by the Act. The initial members of the
18 Board, each of whom is a qualified elector residing in the City
19 and their respective terms, shall be:
20
21 Member Term
22 A.J. Baker 1 year
23 Larry S. Bone 2 years
24 Calvin Brown 3 years
25 Gene Eberle 4 years
26 David J. Jones 5 years
27
28 SECTION 5. Powers. Except as otherwise limited herein,
29 the Board is empowered, from time to time, to own, acquire,
30 construct, reconstruct, equip, and dispose of the Health Care
31 Facilities associated with the Project, including the making of
32 mortgage loans with respect thereto. The authority of the Board
shall be limited to two ten bed Health Care Facilities to be
33
located on a .76 acre tract located approximately 177.56 feet
34
south of the southeast corner of the intersection of Michael
35
Drive and Kanis Road in the City. Except as specifically limited
36
0 0
1 or qualified herein, the Board shall have all the powers
2 provided for in the Act, and shall carry out its duties in
3 accordance with this ordinance and the Act. The Board is hereby
4 authorized and directed, in all dealings with the Corporation to
5 take all appropriate action with the Corporation necessary to
6 comply with the Constitution and laws of the United States and
7 of the State of Arkansas.
8 SECTION 6. Issuance of Bonds. The Board is authorized to
9 issue revenue bonds, from time to time, and to use the proceeds,
10 either alone or together with other available funds and
ii
revenues, to acrnmpligh
the nurpneec for which the Board is
12 created, except that the Board shall not pledge, assign, permit,
13 authorize or otherwise allow the Project to become security for
14 the bonds, loans or other evidences of indebtedness except those
15 specifically authorized by the Board of Directors of the City of
16 Little Rock. Revenue bonds issued by the Board shall be
17 obligations only of the Board and shall not constitute an
18 indebtedness for which the faith and credit of the City or any
19 of its revenues are pledged, and the principal and interest on
20 the bonds shall be payable from and secured by a pledge of
21 revenues derived from the Project financed, in whole or in part,
22 from bond proceeds or from any debt previously incurred and
23 refinanced by bonds,, and as authorized by, and in accordance
24 with the provisions of the Act, together with such other
25 collateral of the Project as may properly be pledged, which
26 shall be so stated on each bond. Each bond issue must be
27 approved by the Board of Directors of the City prior to any
28 offering for sale of such bonds; however the City's prior
29 approval shall not constitute a representation or determination
30 by the City that the Project is viable or economically feasible
31 and such shall be clearly so stated on the face of each bond.
32 SECTION 7. Organization; Reports. As soon as practicable
33 after the adoption of this Ordinance the Board shall meet and
34 elect officers. The Board may adopt Bylaws and such other rules
35 and regulations, if any, as shall be necessary or desirable for
36 the conduct of its business and consistent with the provisions
247
M M M
M ® ® ® ® ® ® ® ® M M M
9 0
1 of the Act. The Board shall cause to be filed with the City
2 Clerk of the City the annual report described in A.C.A.
3 § 14- 137 -123.
4 SECTION S. Purposes. The Board and the Corporation shall
5 utilize the project only for operation as an intermediate health
6 care facility for mentally handicapped individuals. The purpose
7 shall be to provide residential housing and care for a total of
8 twenty mentally handicapped individuals, with sufficient staff
9 people, including professionals, to properly administer to the
10 needs of the individuals residing therein and to assure proper
interaction with the community in which the nrojeat is
-
12 located.
13 SECTION 9. Compliance with City ordinances. The Board and
14 Project financed by the Board shall be subject to and is
15 required to maintain compliance with all City ordinances related
16 to building standards; fire prevention and protection; health
17 and sanitation; landscaping and tree protection; licensing and
18 business regulations; nuisances; parking; streets and sidewalks;
19 solid waste; traffic; sewage; zoning; and all ordinances related
20 to or concerning health and safety and welfare of the citizens
21 and residents of the City , as presently in effect and as may be
22 amended from time to time by the Board of Directors of the City
of Little Rock.
23
24 SECTION 10. Severability. If any provision of this
25 Ordinance or the application thereof to any person or
26 circumstance is held invalid, such invalidity shall not affect
27 the other provisions or applications of this ordinance, which
28 can be given effect without the invalid provision or
29 application, and to this end the provisions of this Ordinance
are declared to be severable.
30
31 SECTION 11. General Repeal. All Ordinances of the City,
32 or parts thereof, in conflict with this ordinance are hereby
33 repealed to the extent of such conflict.
34 SECTION 12. Emergency. It is hereby found and
35 determined that there is an immediate need for the Project and
36 the financing in order to meet the needs of the City's citizens
248
1
2
3
4
5
6
7
8
9
10
li
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
9 0 249
and residents for Health Care Facilities and services essential
for their health and welfare, and that the creation of the Board
and the exercise of the duties and powers provided in this
Ordinance are necessary for the accomplishment of these public
purposes and to the preservation of the public peace, health and
safety. Therefore, an emergency is declared to exist and this
Ordinance shall be in full force and effect from and after its
passage.
PASSED: July 18 1989.
ATTEST
Citl Clerk Jane Czech
Mark
, City Attorney
APPROVED:
n
Mayor F1 yd G. Villines, III