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AN ORDINANCE AUTHORIZING THE CITY’S ATTORNEYS TO CONSENT TO THE ENTRY OF A DECREE IN A CASE INVOLVING THE CITY WATER AND LIGHT PLANT OF THE CITY OF JONESBORO, REPEALING RESOLUTION AND ORDINANCE NO. 760, PROHIBITING THE SUBMISSION OF ORDINANCE NO. 760 TO POPULAR VOTE PURSUANT TO REFERENDUM, AND FOR OTHER PURPOSES
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WHEREAS a suit is now pending in the Western Division of the Chancery Court of Craighead County wherein W.C. Craig and others are plaintiffs and the City of Jonesboro, and others are defendants, which suit involves the right to possession and control of the property and works of the City Water and Light Plant; and
WHEREAS the attorneys for the parties to said suit have proposed the entry of a consent decree therein by which the City will participate in the management and control of said property and works and will share in the profits of the City Water and Light Plant in accordance with the provisions of Act 208 of the Acts of Arkansas for the Year 1939; and
WHEREAS the Board of Directors of City Water and Light Plant has by resolution approved the entry of said consent decree; and
WHEREAS the provisions of the proposed decree have been found by the members of the City Council to be to the best interest of the City and of its citizens;
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1. The attorneys for the City of Jonesboro are hereby authorized and empowered to consent to the entry of the proposed decree in the case described in the preamble to this ordinance, subject to such modifications thereof as may be made by the court in which said suit is pending.
SECTION 2. Resolution adopted on October 6, 1947, and Ordinance No. 760 adopted on December 1, 1947, are hereby repealed.
SECTION 3. In view of the repeal of said Ordinance No. 760, the Board of Election Commissioners of Craighead County, Arkansas, shall not submit the said ordinance for approval or disapproval by the electorate of the City at any general or special election.
SECTION 4. It is hereby found and declared that the passage of this ordinance is necessary to the continued efficient operation of the City Water and Light Plant; that the public health of the citizens of Jonesboro is directly dependent upon the operation of said water and light plant; and that the City is urgently in need of the funds which it will receive pursuant to said decree in order to provide for the health and safety of its it citizens. An emergency is therefore declared and this ordinance shall be in full force and effect from and after its passage.
PASSED and ADOPTED March 1, 1948.