HomeMy WebLinkAbout13537I RESOLUTION NO. 13,537
2
3 A RESOLUTION TO APPOINT SPECIAL COMMISSIONERS FOR THE
4 CAPITOL LAKES SEWER PROPERTY OWNERS IMPROVEMENT
5 DISTRICT NO. 148; AND FOR OTHER PURPOSES.
6
7 WHEREAS, the Board of Directors created Capital Lakes Sewer Property Owners Improvement
8 District No. 148 (District No. 148) pursuant to Little Rock, Ark., Ordinance No. 17,675 (February 17,
9 1998); and,
10 WHEREAS, District No. 148 has incurred certain debt obligations to Suburban Sewer Improvement
11 District No. 239 of Pulaski County, Arkansas (District No. 239), and also certain other debts for
12 administrative expenses; and,
13 WHEREAS, the Commissioners of District No. 148 have resigned, even though District assessments
14 continue to be collected, and there is no one to authorize the payment of certain expenses; and,
15 WHEREAS, Ark. Code Ann. § 14- 94- 107(a)(2)(A) (West 2004) permits a governing body to appoint
16 commissioners when there is a vacancy and the improvements have been completed, which is the case in
17 this situation; and,
18 WHEREAS, the appointment can be of property owners within the District, or of creditors of the
19 District; and,
20 WHEREAS, this is an unusual situation because the failure to authorize that certain payments be
21 made within a short period of time can lead to default on obligations of District No. 239,
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
23 OF LITTLE ROCK, ARKANSAS:
24 Section 1. The Board appoints Alan King, J. Mark Spradley, and Andrew V. Francis, as
25 Commissioners of Capitol Lakes Sewer Property Owners Improvement District No. 148.
26 Section 2. These appointments are made under special circumstances and will be valid for a period
27 of 45 days from the date of this resolution, and for the limited purpose of assuring that all immediate out-
28 standing obligations of District No. 148 are paid in a timely manner.
29 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
30 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju-
31 dication shall not affect the remaining portions of the resolution which shall remain in full force and ef-
32 fect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
33 resolution.
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Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
ADOPTED: July 17, 2012
ATTEST: APPROVED: /
City Clerk
3 TO LEGAL FORM:
ku
Thomas M. Carpenter, City Chttorney
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