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440
ORDINANCE NO. 15,557
AN ORDINANCE TO AMEND ORDINANCE NO. 5506 AS
AMENDED, AND TO MORE FULLY DEFINE THE
AUTHORITY OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, TO ESTABLISH
POLICIES CONCERNING THE EXTENSION OF WATER
SERVICES OUTSIDE THE CORPORATE BOUNDARIES OF
THE CITY OF LITTLE ROCK, ARKANSAS, DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. Section 2 of Ordinance No. 5506, as may have
been amended, is hereby amended to read as follows:
(a) Except as provided in subsection (b), said
commissioners shall have full and complete authority
to operate, manage, improve, extend and maintain the
municipal waterworks and distribution system and shall
have full and complete charge of said plant, including
the right to employ any and all assistants and
employees of whatsoever nature, kind or character, and
to fix, regulate and pay their salaries, it being the
intention of this chapter to vest in said
commissioners unlimited authority to operate, manage,
improve, extend and maintain said municipally owned
waterworks and distribution system and to have full
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and complete charge thereof; provided, however, that
said commissioners shall not have authority or power
to sell, mortgage or encumber said waterworks and
distribution system unless the same be done in
accordance with Act 131 of 1933, as amended, or unless
authorized by mandate of an election called for that
purpose.
(b) If in the judgment of the commissioners
sufficient facilities exist, and in the judgment of
the City Board of Directors the best interests of the
City will be served, water service may be extended to
customers outside the corporate limits.of the City in
accordance with the policies for such service as
established by resolution of the City Board of
Directors; provided, that no event shall a contract to
provide water service outside the corporate limits of
the City be effective until approved by the City Board
of Directors.
SECTION 2. All laws and parts of laws inconsistent with
this amendment are hereby repealed to the extent of such
inconsistency.
SECTION 3. There is presently pending a court challenge
to the authority of the City of Little Rock to establish
policies on when to extend water services outside the corporate
limits of the City. To overcome any doubt that the City is
ultimately responsible for establishing its legitimate growth
policies, including the extension of utility services to
unannexed areas of the City, and to assure that the City's
authority is not placed in jeopardy by the present court
challenge, it is essential that this ordinance take effect
immediately to help protect the health, safety and welfare, both
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now and in the future, of the citizens of the City. Therefore,
an emergency.is declared to exist and this ordinance shall be in
full force and effect from the date of its approval.
PASSED: September 20, 19££
ATTEST:
CITV CLERK TAA CZECH
MARK STODOLA
CITY ATTORNEY
APPROVED:
MAYO LOTT E SHACM LFORD
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