HomeMy WebLinkAbout15403 1 RESOLUTION NO. 15,403
2
3 A RESOLUTION TO ASSERT THAT THE CITY OF LITTLE ROCK,
4 ARKANSAS, BECAUSE OF INCENTIVES TO BE RECEIVED FROM
5 CENTRAL ARKANSAS RECYCLING & DISPOSAL SERVICES, LLC,
6 AND CARDS HOLDINGS, INC., CONSENTS TO THE EXPANSION OF A
7 CLASS 4 CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL
8 THAT IS LOCATED WITHIN TWELVE (12) MILES OF AN EXISTING
9 HIGH-IMPACT SOLID WASTE MANAGEMENT FACILITY, THE
10 LITTLE ROCK MUNICIPAL LANDFILL; AND FOR OTHER
11 PURPOSES.
12
13 WHEREAS, since 1992, pursuant to Little Rock, Ark., Resolution No. 8,555 (March 3, 1992), the
14 City of Little Rock, Arkansas ("the City") has been a member of the Pulaski County Regional Solid
15 Waste Management District in accordance with Arkansas State Law; and,
16 WHEREAS, Central Arkansas Recycling & Disposal Services, LLC, and CARDS Holdings, Inc.
17 ("CARDS"), owns a Class 4 Construction and Demolition Debris Landfill within the Extra-Territorial
18 Planning Jurisdiction of the City; and,
19 WHEREAS, CARDS wishes to expand the Class 4 Landfill in order to extend the useful life of the
20 facility; and,
21 WHEREAS,this facility, located at 9611 Ironton Road,Little Rock, is within twelve(12)miles of an
22 existing High-Impact Solid Waste Management Facility,namely the Little Rock Municipal Landfill; and,
23 WHEREAS,pursuant to Ark. Code Ann. § 8-6-1504 such expansion is prohibited by Arkansas State
24 Law unless the host community consents to the expansion; and,
25 WHEREAS,Arkansas Code Ann. § 8-6-1504 (b)(2)provides that incentives have prompted the host
26 community to accept the siting or expansion of such a facility; and,
27 WHEREAS, pursuant to Ark. Code Ann. § 8-6-1502 (4), the City is the host community in relation
28 to CARDS' request for the expansion of this particular facility; and,
29 WHEREAS, after negotiations, the City and CARDS have agreed upon incentives which would
30 allow the expansion of the CARDS facility in question.
31 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
32 OF LITTLE ROCK,ARKANSAS:
33 Section 1. Because of incentives offered by CARDS and accepted as being in the best interests of the
34 City as the host community where the expansion is located, the City consents to the expansion of the
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1 CARDS Class 4 Construction and Demolition Debris Landfill, located at 9611 Ironton Road in Little
2 Rock.
3 Section 2. The incentives to the City that have made this matter acceptable include a lump sum
4 payment and a per ton fee to be assessed for the placement of construction and demolition debris in the
5 CARDS Class 4 Landfill after the Division of Environmental Quality grants modification of the permit
6 that authorizes the expansion. The obligation to pay the incentives to the City of Little Rock runs with
7 the land.
8 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
9 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
10 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
11 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
12 resolution.
13 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
14 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
15 ADOPTED: March 2,2021
16 ATT " . APPROVED:
17 '
18 �
19 IP!!.n ang7 ity Clerk Frank Scott,Jr.,lfor
20 APPRO 1 • TO LEGAL FORM:
21
22 h , .
23 Thomas M. Carpenter, ity A i'orney
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