201601 ORDINANCE NO. 20,160
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3 AN ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS TO
4 ACKNOWLEDGE THE DISSOLUTION OF THE MABELVALE - ALEXANDER
5 SEWER IMPROVEMENT DISTRICT NO. 142 OF THE CITY OF LITTLE ROCK,
6 ARKANSAS; TO AGREE TO ACCEPT THE TRANSFER OF THE DISTRICT'S
7 BOOKS, RECORDS AND SURPLUS FUNDS; TO ASSUME THE
8 RESPONSIBILITIES, OBLIGATIONS AND LIABILITIES OF THE DISTRICT;
9 AND FOR OTHER PURPOSES.
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11 WHEREAS, the Mabelvale- Alexander Sewer Improvement District No. 142 of the City of Little
12 Rock, Arkansas (the "District "), a municipal sewer improvement district, has fully retired and paid out the
13 bonded indebtedness of the District and, pursuant to a resolution adopted by the Commissioners of the
14 district on February 18, 2008, the Commissioners of the District have approved the dissolution of the
15 District and the transfer of its books, records and surplus funds to the City of Little Rock, Arkansas (the
16 "City "); and
17 WHEREAS, the District retains a surplus of money derived from the collection of benefit
18 assessments levied against the real property in the District for the purpose of retiring the bonds or funds
19 derived from the sale of unredeemed real property acquired by the District; and
20 WHEREAS, Ark. Code Ann. § 14 -89 -1303 provides that the surplus funds of a municipal sewer
21 improvement district that has fully retired and paid out its bonded indebtedness may be transferred to a
22 municipality where the municipality has taken over the sewer improvement constructed by the district and
23 is maintaining the same; and
24 WHEREAS, the City has taken over the sewer improvement constructed by the District and is
25 maintaining it; and
26 WHEREAS, the District has resolved to transfer its books, records and surplus funds to the City and
27 the City is willing to accept said surplus fiends and assume the responsibilities, obligations and liabilities
28 of the District.
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
30 OF LITTLE ROCK, ARKANSAS:
31 Section 1. That the City hereby accepts the transfer from the District of the District's books, records
32 and surplus funds and in consideration of such transfer, assumes the obligations, responsibilities and
33 liabilities of the District.
1 Section 2. That the Mayor and City Clerk, or their duly designated representatives, are hereby
2 authorized to execute and deliver any and all further agreements, writings, certificates, releases and such
3 other writings, and to do any and all things necessary and appropriate, upon the advice and counsel of the
4 City Attorney, to give effort to the transactions contemplated in this Ordinance.
5 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
6 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
7 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
8 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
9 ordinance.
10 Section 4. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with
11 any provision of this ordinance are hereby repealed to the extent of such conflict.
12 Section 5. That this Ordinance shall be in full force and effect from and after its adoption
13 PASSED: September 15, 2009
14 ATTEST:
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17 u n a gl y, rtingCity Clerk 18 APPROVE A L FORM:
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20 t a y t'"l., ' ' ��
21 ',k—
Thomas
M. Carpenter, City Attor/n�ey
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APPROVED:
lam- �.� -�----
Mark Stodola, Mayor
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CERTIFICATE
STATE OF ARKANSAS )
COUNTY OF PULASKI )
I, Susan Langley, Acting City Clerk, within and for the City of Little Rock, Arkansas do hereby
certify that the foregoing is a true and correct copy of Ordinance No. of the Ordinances of the
City of Little Rock, Arkansas, entitled: "AN ORDINANCE OF THE CITY OF LITTLE ROCK,
ARKANSAS ACKNOWLEDGING THE DISSOLUTION OF THE MABELVALE- ALEXANDER
SEWER IMPROVEMENT DISTRICT NO. 142 OF THE CITY OF LITTLE ROCK, ARKANSAS;
AGREEING TO ACCEPT THE TRANSFER OF THE DISTRICT'S BOOKS, RECORDS AND
SURPLUS FUNDS; ASSUMING THE RESPONSIBILITIES, OBLIGATIONS AND LIABILITIES
OF THE DISTRICT; AND FOR OTHER PURPOSES;" passed by the City Board of the City on
12009.
IN WITNESS WHEREOF, I have hereunto set my hand and seal office this day of
, 2009.
Susan Langley, Acting City Clerk
City of Little Rock, Arkansas