ORD NO 13-2009 CITY OF VAN BUREN
ORDINANCE NO. t
AN ORDINANCE AUTHORIZING THE FORMATION OF A REGIONAL
INTERMODAL FACILITIES AUTHORITY; AUTHORIZING AN AGREEMENT
BETWEEN THE CITIES OF VAN BUREN AND FORT SMITH AND SEBASTIAN
AND CRAWFORD COUNTIES; DECLARING AN EMERGENCY; AND
AUTHORIZING AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO
WHEREAS, the City of Van Buren, Arkansas (the 'City is authorized and
empowered under the provisions of Title 14, Chapter 143 of the Arkansas Code of 1987
Annotated (the Act to join with one or more municipalities and /or one or more
contiguous counties, for the purpose of forming a regional intermodal facilities
authority; and
WHEREAS, it is proposed that the City join with Fort Smith and Sebastian and
Crawford Counties to form a regional intermodal facilities authority under the Act for
the purpose of acquiring, equipping, constructing, maintaining and operating regional
intermodal facilities and such other facilities as authorized by the Act, as now or
hereafter amended; and
WHEREAS, an Agreement for the formation of such an authority has been
prepared, a copy of which has been presented to and is before this meeting;
NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS:
SECTION 1: (a) The City Council hereby finds and determines that it is in the
best interest of the City to join with Fort Smith and Sebastian and Crawford Counties in
the formation of a regional intermodal facilities authority for the purpose of acquiring,
equipping, constructing, maintaining and operating regional intermodal facilities and
such other facilities as authorized by the Act, as now or hereafter amended.
(b) The Agreement for the formation of the authority provides that
the authority to be created shall have no independent right or power to levy taxes to
fund its operations or to pay its debts except taxes levied upon and collected from
shippers, transporters or users loading or unloading freight, commerce or passengers at
a terminal or other facilities of the Authority.
(c) The Agreement for the formation of the authority provides that
the obligations of the authority to be created shall be payable from and secured by
revenues, property and other resources of the authority and shall not constitute a
general or limited obligation of the cities or counties participating.
SECTION 2: The formation of a regional intermodal facilities authority pursuant
to the Act, to be known as the "Western Arkansas Intermodal Authority" (the
"Authority and the City's participation in the same, are hereby authorized.
SECTION 3: There is hereby authorized the execution and delivery of an
Agreement by and between the City and Fort Smith and Sebastian and Crawford
Counties (the "Agreement and the Mayor and City Clerk are hereby authorized to
execute and deliver the Agreement for and on behalf of the City. The Agreement is
hereby approved in substantially the form submitted to this meeting, and the Mayor is
hereby authorized to confer with the other parties thereto in order to complete the
Agreement in substantially the form submitted to this meeting with such changes as
shall be proposed by such persons executing the document, their execution to constitute
conclusive evidence of such approval.
SECTION 4: 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
execution and delivery of the Agreement, and the performance of all acts of whatever
nature necessary to effect and carry out the authority conferred by this Ordinance. 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 authority or to evidence the exercise thereof.
SECTION 5: The City Clerk is hereby authorized and directed to file in the office
of the City Clerk as a part of the minutes of the meeting at which this Ordinance is
adopted, for inspection by any interested person a copy of this Agreement, and such
document shall be on file for inspection by an interested person.
SECTION 6: The provisions of this Ordinance are hereby declared to be
separable and if any section, phrase or provision shall for any reason be declared to be
invalid, such declaration shall not affect the validity of the remainder of the sections,
phrases and provisions.
SECTION 7: The City Council finds that the immediate implementation of this
ordinance is necessary and that it is in the best interest of the public health, safety, and
welfare for this ordinance to be effective immediately after its adoption so as to allow
for the immediate execution of the agreement and the pursuit of the endeavors
contemplated therein. a
Passed and approved this (/iv ay r 2009.
1
MAY R
ATTEST:
i
CIS CLERK