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13028I 2 RESOLUTION NO. 13,028 3 A RESOLUTION TO DIRECT ANY GENERAL FUNDS OF THE CITY OF LIT - 4 TLE ROCK AS A RESULT OF THE DISSOLUTION OF THE MABLEVALE- 5 ALEXANDER SEWER IMPROVEMENT DISTRICT NO. 142 BE USED TO RE- 6 DUCE THE OUTSTANDING INDEBTEDNESS OF THE VIMY RIDGE WATER 7 IMPROVEMENT DISTRICT NO. 139; AND FOR OTHER PURPOSES. 8 9 WHEREAS, the City of Little Rock, Arkansas ( "the City ") created the Mablevale- Alexander Sewer 10 Improvement District No. 142 "the Sewer District ") to provide sanitary sewer service to areas within the 11 City pursuant to Little Rock, Ark., Ordinance No. 12,965 (September 17, 1974); and, 12 WHEREAS, the City has received information from the Conunissioners of Sewer District that the 13 assessments for the district have paid all outstanding indebtedness, and that after attempts to refund as- 14 sessments to the property owners there is still an outstanding balance of monies under the control of the 15 Sewer District; and, 16 WHEREAS, pursuant to Ark. Code Ann. § 14 -89 -1303 (West 2004) when a sewer improvement dis- 17 trict has fully retired and paid out its bonded indebtedness and there are surplus funds, these surplus funds 18 may be transferred to the municipality which has taken over and maintains the sewer improvement dis- 19 trict; and, 20 WHEREAS, the City created the Vimy Ridge Water Improvement District No. 139 ( "the Water Dis- 21 trict ") to provide water service to areas within the City pursuant to Little Rock, Ark., Ordinance No. 22 14,699 (July 3, 1984); and, 23 WHEREAS, there is still an outstanding indebtedness on the bonds of the Water District even though 24 the City had taken over the improvements and the maintenance of the improvements; and, 25 WHEREAS, pursuant to Little Rock, Ark., Ordinance No. 20,160 (September 18, 2009), the City has 26 dissolved the Sewer District and agreed to accept the assets of the Sewer District into the City General 27 Fund; arid, Resolution to transfer funds received from STD 142 from the City General Fund to WID 139 1 WHEREAS, the Board of Directors desires to decrease the outstanding indebtedness of the Water 2 District by the amount of surplus funds received from the Sewer District; 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 4 OF LITTLE ROCK, ARKANSAS: 5 Section 1. The City Manager, and any other necessary City officials, is authorized to execute any 6 and all documents necessary to effect a transfer of the total amount of surplus funds received from the 7 Mablevale- Alexander Sewer Improvement District No. 142 to accomplish a payment of bonded indebted- 8 ness for the Vimy Ridge Water Improvement District No. 139. 9 Section 2. The funds for this transfer shall be from the account established by the Director of Fi- 10 nance & Treasurer of the City of Little Rock. 11 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 12 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju- 13 dication shall not affect the remaining portions of the resolution which shall remain in full force and ef- 14 fect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 15 resolution. 16 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 17 with the provisions of this resolution are hereby repealed to the extent of such inconsistency. 18 ADOPTED: September 15, 2009 19 20 21 22 23 24 25 26 27 28 29 30 31 Susan Larigley Wa ng 'City Clerk t: APPROVED AS LEGAL FORM: Y Thomas M. Carpenter, City Attorney H H H H H Resolution to transfer funds received from SID 142 from the City General Fund to WID 139