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155571 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 440 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 b- 33 3 -y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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 All laws and parts of laws inconsistent with this amendment are hereby repealed to the extent of such inconsistency.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 :: 1 2 3 4 5 6 7 8 9 10 11 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 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 442