19236I
ORDINANCE NO. 19,236
2 AN ORDINANCE TO ABOLISH THE LITTLE ROCK MUNICIPAL
3 WATER WORKS; TO REPEAL ALL ORDINANCES INVOLVED WITH
4 THE ESTABLISHMENT OF THE LITTLE ROCK MUNICIPAL WATER
5 WORKS; TO DECLARE AN EMERGENCY; AND FOR OTHER
6 PURPOSES.
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8 WHEREAS, the City of Little Rock, Arkansas, pursuant to statutory authority, created a
9 municipal water works system and appointed a Board of Commissioners charged to manage,
10 operate, improve, extend, and maintain the water works, in Little Rock, Ark., Ordinance No.
11 5506 (October 20, 1937), and
12 WHEREAS, pursuant to statutory authority to create Local Government Reserve Funds set
13 forth in Ark. Code Ann. §§ 14 -73 -101 to —104 (West 2004), the City approved Little Rock, Ark.,
14 Resolution No. 7050 (September 6, 1983), which authorized a Reserve Fund Trust Agreement
15 ( "the Trust Fund ") to fund capital improvements for the City and permitted rate monies
16 collected from Little Rock Municipal Water Works customers to be deposited into the Trust
17 Fund to accomplish this purpose, and
18 WHEREAS, the Little Rock Municipal Water Works Commission created the Trust Fund on
19 December 30, 1983, and
20 WHEREAS, on March 5, 2001, after considerable discussion and public review the Board of
21 Directors of the City of Little Rock agreed to enter into an interlocal agreement with the City of
22 North Little Rock, Arkansas, and the North Little Rock Water Department, to create a regional
23 water system, and
24 WHEREAS, pursuant to Act 982 of 2001, the City of Little Rock and North Little Rock
25 created Central Arkansas Water (CAW) as a public body, and
26 WHEREAS, Section 4.04 of the Consolidation Agreement executed to bring about CAW
27 recognized that monies in the Trust Fund could not be given, donated or transferred, to another
I entity, but could be used for the purpose of improving and extending water service within the
2 City, and
3 WHEREAS, Section 4.04 further recognized that once monies in the Trust Fund were
4 expended by the Little Rock Water Works Commission there was no further reason for the
5 Commission to exist, nor for any remaining aspect of the Little Rock Water Works to exist as
6 any kind of entity separate from CAW, and
7 WHEREAS, on August 6, 2003, pursuant to Resolution 2003 -01, the Board of Commissioners
8 of the Little Rock Municipal Water Works directed Regions Bank, as trustee of the funds, to
9 disburse any remaining funds in the Trust Fund, and
10 WHEREAS, CAW has notified the City Manager that all monies in the Trust Fund have
11 been expended,
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
13 CITY OF LITTLE ROCK, ARKANSAS:
14 Section 1. The Little Rock Water Works Commission is hereby dissolved and all activities
15 of the Commission are hereby ended.
16 Section 2. Severability. In the event any title, section, paragraph, item, sentence,
17 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
18 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
19 ordinance which shall remain in full force and effect as if the portion so declared or adjudged to
20 be invalid or unconstitutional was not originally a part of the ordinance.
21 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same not
22 otherwise specifically repealed herein that are inconsistent with the provisions of this ordinance
23 are hereby repealed to the extent of such inconsistency including, but not limited to, the
24 provisions of Little Rock, Ark., Resolution 7050 (September 6, 1983), Little Rock, Ark.,
25 Ordinance No. 16, 961 (September 5, 1995), and Little Rock, Ark., Rev. Code §§ 35 -26 to —27
26 (1988).
27 Section 4. Emergency Clause. The ability to operate the regional water system within central
28 Arkansas under the direction of Central Arkansas Water and to remove any residual powers of the Little
29 Rock Water Works Commission, and for the City Board of Directors to comply with Section 4.04 of the
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ORDINANCE
To abolish the Little Rock Water Works Commission
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Consolidation Agreement which created Central Arkansas Water, are essential to maintain the public
health, safety and welfare of the citizens of Little Rock, Arkansas; an emergency is, therefore, declared to
exist and this ordinance shall be in full force and effect from and after the date of its passage..
PASSED: November 23, 2004.
ATTEST: APPROVED:
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Nancy Woo e( City Clerk Ji ailey, Mayor
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City A torney
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ORDINANCE
To abolish the Little Rock Water Works Commission
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