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ORD NO 19-1990 A a ORDINANCE NO. /7 AN ORDINANCE CREATING A PUBLIC FACILITIES BOARD TO ASSIST IN THE DEVELOPMENT AND FINANCING OF ADEQUATE FACILITIES FOR SECURING AND DEVELOPING INDUSTRY; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, The Public Facilities Boards Act, Title 14, Chapter 137 of the Arkansas Code of 1987 Annotated (the "Authorizing Legislation authorizes the city council of a city to create public facilities boards for various purposes, including the providing of adequate facilities for securing and developing industry; and WHEREAS, the City of Van Buren, Arkansas (the "City and surrounding areas are in need of adequate facilities for securing and developing industry, and WHEREAS, it is in the best interest of the City and its inhabitants to create a public facilities board under the Authorizing Legislation for the purposes set forth above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: Section 1. In accordance with and pursuant to the authority conferred by the provisions of the Authorizing Legislation, there is hereby created and established a public facilities board (the "Board with authority as hereinafter provided to accomplish, finance, purchase, contract concerning, and otherwise dispose of and deal with facilities within or near the City for securing and developing industry. Section 2: The name of the Board shall be "City of Van Buren, Arkansas Public Facilities Board." Section 3: The initial members of the Board shall consist of five (5) persons, each of whom shall be a resident of the City and shall be appointed by the Mayor for terms of one, two, three, four and five years, respectively. Each member so appointed shall take and file with the City Clerk the Oath of Office prescribed by the Authorizing Legislation. Section 4: The Board is authorized, from time to time, to own, acquire, construct, reconstruct, extend, equip, improve, sell, lease, contract concerning or otherwise dispose of adquate facilities for securing and developing industry within or near the City as shall be determined by the Board to be necessary or desirable to accomplish the purposes for which the Board is created. Section 5: The Board is authorized to issue revenue bonds from time to time and use the proceeds thereof as required to provide adequate facilities for securing and developing industry, including the creation of any desired reserve funds, and paying the costs of the issuance of such bonds. Any such revenue bonds shall be oligations only of the Board and shall not constitute an indebtedness for which the faith and credit of the City or any of its revenues are pledged. Section 6: The Board shall have all the powers provided for in Section 7 of the Authorizing Legislation and appropriate for the purposes for which the Board is created, and shall carry out its duties in accordance with the Authorizing Legislation, including the filing of the annual report required by Section 18 of the Authorizing Legislation. Section 7: The provisions of this Ordinance are severable. If any provision thereof shall be held to be invalid or inapplicable to any person or circumstance, such holding shall not affect the validity or applicability of the remainder of the provisions hereof. Section 8: All ordinances of the City or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9: It is hereby found and determined that there is an immediate need for the providing of adequate facilities for securing and developing industry for the City and surrounding areas, and that the creation of the Board and the exercise of the duties and powers provided in this Ordinance are necessary for the preservation of the public peace, health and safety. Therefore, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. PASSED: t e I 1990. APPROVED: 217/17 :4 Mayor ATTEST: S d// C /4 -rk it