RES NO 12-05-2010 CITY OF 'VAN BUREN, ARKANSAS
RESOLUTION NO. f 42 h 2010
BE IT ENACTED BY THE CITY COUNCIL. FOR THE CITY OF
VAN BUREN, ARKANSAS AN RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING WITHDRAWAL FROM THE BI-
STATE METROPOLITAN PLANNING ORGANIZATION;
AUTHORIZING PARTICIPATION IN THE DISSOLUTION OF
THE ORGANIZATION; DECLARING AN EMERGENCY
THEREFORE; AND FOR OTHER PURPOSES.
WHEREAS the Bi -State Metropolitan Planning Organization was formed in 2006
pursuant to an agreement between certain signatory governmental subdivisions of the
State of Arkansas and the State of Oklahoma; and
WHEREAS the Organization was authorized and empowered under the
Interlocal Cooperation Act of the State of Arkansas, being Act 430 of 1967, as amended,
codified at A.CA. 25 -20 -101 et. seq. and the Interlocal Cooperation Act of the State of
Oklahoma, being Title 74, Oklahoma Statutes 1001 et. seq., as amended; and
WHEREAS paragraph 3 of the Bi -State Metropolitan Planning Organization
Agreement authorizes the withdrawal of any party to the Agreement if the party, by
resolution, adopted by its governing body, submits in writing to the Policy Board of the
Organization a copy of the resolution and such withdrawal request; and
WHEREAS paragraphs 2 and 50) contemplate the dissolution of the organization
and termination of the agreement forming the organization by its member parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN, ARKANSAS:
Section 1. The City Council hereby finds and determines that it is in the best
interest of the City to simultaneously withdraw from the Bi -State Metropolitan Planning
Organization and participate in the dissolution of the Organization.
Section 2. The withdrawal from the Organization and dissolution of the
Organization shall be contingent upon the fonnation of a new Metropolitan Planning
Organization consisting of substantially the same jurisdictional area of the existing
organization, and this dissolution shall be effective simultaneously with the effective
date of the new Organization which will be 12:01 a.m. July 1, 2011. Effective upon the
dissolution of the existing Metropolitan Planning Organization, all assets if any, and all
contracts, rights, and liabilities shall be transferred to the new Metropolitan Planning
Organization.
Section 3. The Mayor and City Clerk, for and on behalf of the City, are hereby
authorized to execute and directed to do any and all things necessary to effect the
withdrawal of the City from the Organization and the dissolution of the Organization, and
to perform all acts of whatever nature necessary to effect and carry out the
authority conferred by this resolution. The Mayor and City Clerk are hereby further
authorized and directed, for and on behalf of the City, to execute all papers, documents,
certificates, and other instruments that may be required for the carrying out of such
withdrawal and dissolution.
Section 4. The City Council finds that the immediate implementation of this
resolution is necessary and that it is in the best interest of the public health, safety, and
welfare for this resolution to be effective immediately after its adoption so as to allow
for the immediate execution of the efforts to withdraw from the Bi -State Metropolitan
Planning Organization and the dissolution of the Organization.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and Q against, the foregoing Resolution at its
meeting held on the 20 day of December, 2010.
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Robert D. Fr
ArN Mayor
ATTESTED: Vt V`
Barbie Curtis
City Clerk/Treasurer
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