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HomeMy WebLinkAbout16961v 330 NO. 16,961 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE S 35 -26 (A) TO PROVIDE FOR FIVE (5) ELECTORS TO SERVE ON THE LITTLE ROCK WATERWORKS COMMISSION; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, pursuant to State law, the City of Little Rock created a waterworks commission to consist of three (3) persons charged with the responsibility to operate, manage, improve, extend and maintain the municipal waterworks and distribution system; and WHEREAS, the Board of Directors believes that a large commission consisting of five (5) persons better represents the interests of the City without becoming so large as to make it difficult to function; and WHEREAS, Act 789 of the 1995 General Assembly of the State of Arkansas provides.that a waterworks commission of a city of the first class having fewer than five (5) members may be increased by adoption of an ordinance approved by a majority vote of the city council to include at least five members; and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, wishes to accomplish this increase in the size of its waterworks commission as soon as possible. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Little Rock, Ark., Rev. Code S 35 -26(a) (1988) is hereby amended to read a follows: (a) There is created a waterworks commission to consist of five (5) citizens who are qualified electors of the city. Successor commissioners shall be appointed by the four (4) remaining commissioners and subject to the approval of the 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 v 0 0 331 duly elected and qualified members of the board of directors shall serve for a term of eight (8) years The commissioners shall take full and complete control of all properties of every kind and character belonging to the city and used in connection with the waterworks system, whether situated within or without the city limits. SECTION 2. Notwithstanding the provisions set forth above, the initial terms of the two (2) new appointees shall be such that the terms of all waterworks commissioners shall expire in successive years and no two (2) terms shall expire during any one year. SECTION 3. Severability. In the event any title, subtitle, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this ordinance. SECTION 4. Repealer. All ordinances and resolutions or parts of ordinances and resolutions, except those dealing with the authority of the City Board of Directors for extraterritorial water extensions, inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. SECTION 5. Emergency. The greater confidence that comes from a municipal waterworks system being governed by a larger and more representative commission is found to be essential to the public health, safety and welfare. An emergency is therefore declared to exist and this ordinance shall be in full force and effect from and after the date of its adoption. • PASSED: September 5, 1995 APPROVED AS TO FORK: THOMAS CITY ATTORNEY Ll 332