TITLE 5 HEALTH AND SANITATION Cha tp ers: 5.04 Maintenance of Real Property 5.08 Solid Waste Collection 5.12 Health Care Public Facilities Board CHAPTER 5.04 MAINTENANCE OF REAL PROPERTY Sections: 5.04.01 Purpose 5.04.02 Prohibited acts 5.04.03 Guidelines 5.04.04 Removal after disaster 5.04.05 Railroads 5.04.06 Inspection 5.04.07 Notice 5.04.08 Civil enforcement of ordinance 5.04.09 Criminal enforcement of ordinance 5.04.10 Enforcement of lien 5.04.11 Supplemental to codes 5.04.01 Purpose The purpose of this ordinance is to implement and enforce the police powers of the city for the abatement of dangerous, unsightly and unsanitary conditions constituting a public nuisance which may exist upon real property located within the city limits, and also to implement and enforce the police powers of the city to require,by condemnation,the repair or removal of houses, building and/or structures which, due to their dilapidated and unsafe condition, constitute a public nuisance. (Ord.No. 2001-15, Sec. 1.) 5.04.02 Prohibited acts A. It shall be unlawful for any property owner, or occupant of any real property located within the city of Ozark to fail or refuse to cut weeds, grass, or dead or 40 dying trees,to fail or refuse to remove garbage,rubbish and other unsightly and 45 unsanitary articles and things from the real property,to fail or refuse to abate fire and flooding hazards, or to fail or refuse to fill up or remove stagnant pools of water or any other unsanitary thing,place or condition which might become a breeding place for mosquitoes, flies and germs harmful to the health of the community. B. It shall be unlawful for any property owner, or occupant of any real property located within the city of Ozark to allow, either by permission or omission,the dumping or accumulation of any trash, litter, garbage, debris or refuse upon the real property by other parties either known or unknown or to fail and refuse to remove all trash, litter, garbage, debris or refuse which is unsightly or which may endanger public health. C. It shall be unlawful for any property owner, or occupant of real property located within the city of Ozark, Arkansas to use said real property for the open storage of any abandoned motor vehicle, or parts thereof including but not limited to truck beds,trailers, chassis and other parts thereof,refrigerators, stoves, glass,building material, building rubbish or similar items,to use such items as storage buildings, or to fail to refuse to remove such items from the property. For the purpose of this ordinance, an"abandoned motor vehicle"is defined as one that is in a state of disrepair and incapable of being moved under its own power and includes truck beds, trailers, chassis, and any and all parts thereof. However,this section shall not be in force as to a commercial enterprise duly licensed and permitted to carry on a business in the storage of such items on a tract property zoned for such business and complying with any and all other conditions required for the lawful functioning of such business. (Ord.No. 2009-14, Sec. 1.) D. It shall be unlawful for any property owner or occupant of any real property located within the city of Ozark to allow, either by permission or omission, any of the conditions set out in subparagraphs (a), (b), and(c) above,upon any alleys, utility casements,rights-of-way and/or easements (including ditches) adjoining the real property. E. It shall be unlawful for any owner to fail or refuse to repair,remove or raze any house, building and/or structure which has deteriorated to such a condition, or has been damaged to such an extent, as to be dilapidated, unsightly, unsafe, unsanitary, obnoxious, or to constitute a fire hazard or in other manner be detrimental to the public welfare to such a degree as to found and declared a nuisance by the city. F. It shall be unlawful for any owner and/or occupant to cause, create,permit or cause to occur within the city of Ozark,Arkansas, any nuisance, including but not limited to those listed above in this section, on property owned or occupied by any person and each day such nuisance is permitted to remain, after notice from 46 the city for the abatement thereof, shall subject the person or persons responsible • for the non-abatement of such nuisance to punishment as provided by this ordinance. (Ord.No. 2001-15, Sec. 2.) 5.04.03 Guidelines Regarding the cutting and removal of weeds, grasses, and tress, owners and occupants of real property located within the city of Ozark,Arkansas, shall be governed by the following guidelines: A. Except as otherwise provided, all lands,whether or not platted and/or subdivided, which have never been cleared or developed and which remain in their natural state, including,but not limited to,undeveloped open spaces such as meadows or similar lands which can be used for grazing or forage, may be maintained in their undeveloped natural state,provided,however,that weeds, grasses, or trees must be cut or removed if such vegetation blocks pedestrian or vehicular vision or traffic. B. All property, except those described in subsection(A) above, shall be maintained so that weeds and grasses thereon shall not exceed twelve(12) inches in height. C. The owners and occupants of all property, except those described in sub- paragraph(A) above, shall maintain all unopened street rights-of-way, easements for streets,utility, drainage, walking, or other purposes, unopened alleys and opened alley, other than the portion of same used for vehicular traffic,which adjoin said owner or occupants' property so that weeds and grasses shall not exceed twelve (12)inches in height. If any such right-of-way, easement or alley is adjoined by the properties of two (2)property owners,then each owner or occupant shall maintain such right-of-way, easement or alley to the midpoint thereof. D. The owners or occupants of all lands shall remove or cause to be removed all dead or dying trees and dead parts of living trees from such lands when such dead or dying trees or dead parts of trees shall constitute a hazard to personal safety or property due to the imminent possibility of their falling upon or being blown upon public property or property of other owners, or when such trees,because of decay or disease, constitute a nuisance and/or imminent health threat to other trees located on public property or property of other owners. E. After the cutting of tall weeds, rank grasses, or other vegetation, if the resulting yard waste itself creates or constitutes a condition which is unsafe, unsanitary, dangerous,unsightly or a fire hazard, said yard waste shall also be required to be removed from the property. (Ord.No. 2001-15, Sec. 3.) 5.04.04 Removal after disaster If any property owner shall suffer the loss, either total or partial, of a house by fire or tornado, it shall be the duty of the Code Enforcement Officer to 47 immediately notify, in writing,the property owner to remove all debris for the lot. It shall be the duty of the property owner within thirty(30) days from receipt of such notice to remove all debris or refuse on said lot. The notice required under this section is separate from the notice required by 5.04.07. (Ord.No. 2001-15, Sec. 4.) 5.04.05 Railroads All railroad companies operating within the city limits of the city of Ozark, Arkansas, shall maintain their rights-of-way at or around any railroad crossing with a public street, alley or other public way free from weeds, grasses,trees,bushes, shrubs, and other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public ways, for a distance of one hundred (100)yards in all right-of-way directions from such railroad crossings. Further, all such railroad companies shall maintain their rights-of-way so that weeds and grasses thereon shall not exceed twelve(12) inches in height. (Ord.No. 2001-15, Sec. 5.) 5.04.06 Inspection No notice as described in 5.04.07 below, shall be issued to any owner or occupant until a thorough inspection of the condition of the relevant real property and/or structure has been conducted by the Code Enforcement Officer, or other designated representative of the Mayor, and that official (or officials) determined that the existing condition of the real property and/or structure constitutes a substantial health, fire, flooding, safety or aesthetic hazard or determent to the well-being of the inhabitants of the city. (Ord.No. 2001-15, Sec. 6.) 5.04.07 Notice A. Upon the determination that a property's or structure's condition is in violation of this ordinance,the Code Enforcement Officer, or other designated official, shall issue a clean-up notice upon the owner or occupant of properties found in violation of subsection(A), (B), (C), and(D)of 5.04.02 above; and upon the owner of structures found in violation of subsection(C) of 5.04.02 above. The Notice shall be in writing, signed by the Code Enforcement Officer, or other designated official, and delivered to the owner and/or occupant of the property. The Notice shall be delivered to the aforementioned parties in one(1) of the following two (2)methods: I. By certified mail, return receipt requested, or 2. By personal delivery by a city officer or employee,who may be but does not have,to be, an employee of the Police Department. The Notice shall state the conditions on the subject real property or structure which are ordered abated and the Notice shall advise the deliverer that, if the conditions listed in the Notice have not been abated within seven(7) days,the city may proceed with a criminal charge pursuant to 5.04.08(B)below, and/or shall proceed according to the provisions of this ordinance and other valid legislative enactments to abate the listed conditions, and that the costs of such action shall be • 48 charged to the owner of the subject property, and shall constitute a lien on such property and may be collected as are real property taxes. B. In case the owner of any lot, structure or other real property is unknown or the owner's whereabouts are not known or such owner is a non-resident of this state, then a copy of the written Notice referred to above shall be posted in a conspicuous place upon the premises. Further,the City Clerk shall make an affidavit setting out the facts as to the unknown address or whereabouts of the non-resident owner. After the execution of the affidavit by the City Clerk, service by publication, as now provided for by law against non-resident defendant, may be had upon the non-resident owner and an attorney ad litem shall be appointed to notify the non-resident owner by registered letter addressed to his last known place of residence if same can be found. C. A clean-up Notice issued to an owner of occupant for abatement of conditions set out in subsection(A), (B), (C), and(D) of 5.04.02 above shall remain in full force and effect for a period of twelve(12)months and shall be considered sufficient notice to said owner or occupant of and recurring violations occurring on that owner's or occupant's lot or other real property within that twelve(12)month period. Any further violations occurring within the twelve (12)month period on the owner's or occupant's lot or other real property upon which Notice has been served shall subject the owner or occupant to the penalties set out within this ordinance. (Ord.No. 2001-15, Sec. 7.) D. The Controlled Substances contaminated Property Clean-up Act codified at A.C.A. 8-7-1401, et seq., is hereby incorporated herein and made a part of this ordinance as if set out herein word for word and shall be enforced under the provisions of this ordinance. The penalty section contained therein under A.C.A. 8-7-1407 shall supercede any other penalty provision of this ordinance where applicable. (Ord.No. 2009-14, Sec. 1.) 5.04.08 Civil enforcement of ordinance A. Clean-up lots In the event the owner and/or occupant of any real property, who is given a Notice to abate a condition or conditions pursuant to subsections (a), )B), (C), and(D), of 5.04.02 above, shall fail or refuse to so comply with such Notice within the time specified therein,the Mayor may authorize city staff, or private persons hired for that purpose,to enter upon the property and have said weeds, rank grass, or other vegetation cut and removed, or eliminate any unsanitary and unsightly condition, and the cost thereof, as determined according to the procedures set out in this ordinance, shall be charged against said premises and shall constitute a lien thereon. 49 B. Condemnation of structures In the event the owner of any real property,who is given a Notice to abate a condition pursuant to subsection(C) of 5.04.02 above, shall fail or refuse to so comply with such Notice within the time specified therein,the Code Enforcement Officer shall initiate proceedings to have the house,building and/or structure condemned. 1. The property owner shall be given a written Notice of Condemnation Proceedings, signed by the Code Enforcement Officer,which shall give an adequate description of the house,building and/or structure;the name or names, if known,or the owner or owners thereof, shall set forth the reason or reasons said house,building, and/or structure is considered in non- compliance with this ordinance,the legal consequences of failing or refusing to abate the offensive condition, and shall state the date,time and place of the City Council meeting at which the issue of the condemnations of the property shall be addressed. The Notice of Condemnation Proceedings shall be delivered to the owner or owners in one (1) of the following two(2)methods: a. By certified mail,return receipt requested, or b. By personal delivery by a city officer or employee, who may be but does not have,to be, an employee of the Police Department. 2. In case the owner of any lot, structure or other real property is unknown or the owner's whereabouts are not known or such owner is a non-resident of this state,then a copy of the written Notice of Condemnation Proceedings referred to above shall be posted in a conspicuous place upon the premises. Further,the City Clerk shall make an affidavit setting out the facts as to the unknown address or whereabouts of the non-resident owner. After the execution of the affidavit by the City Clerk, service by publication, as now provided for by law against non-resident defendant, may be had upon the non-resident owner and an attorney ad litem shall be appointed to notify the non-resident owner by registered letter addressed to his last known place of residence if same can be found. If appropriate, at the option of the city,the timing and procedure used for service of the initial clean-up Notice and the Notice of Condemnation Proceedings may be combined for the purpose of utilizing the affidavit of the City Clerk,the service by publication and the attorney ad litem so that such Notices may be served upon the non-resident owner or owners simultaneously. 3. At the City Council meeting specified in the Notice of Condemnation Proceedings,the City Council shall make a determination as to whether the condition of the said house,building, and/or structure is in compliance with the provisions of this ordinance or whether the said house,building and/or structure constitutes a nuisance. In the even the City Council 50 . determines the house,building, and/or structure is a nuisance,the City Council shall pass a resolution declaring the said house,building, and/or structure to be a nuisance and condemning the property. The resolution condemning any house,building,and/or structure which constitutes a nuisance shall include in said resolution and adequate description of the house,building, and/or structure the name of names, if known, of the owner or owners thereof; shall set forth the reason or reasons said house, building, and/or structure is or has been condemned as a nuisance. 4. After a house,building, and/or structure has been found and declares to be a nuisance and condemned by resolution as herein provided, a true or certified copy of said resolution shall be mailed to the owner or owners thereof if the whereabouts of said owner or owners thereof be known or their last known address be known, and a copy thereof shall be posted at a conspicuous place on said house,building, and/or structure. Provided,that if the owner or owners of said house,building, and/or structure be unknown or, if his or their whereabouts or last known address be unknown,the posting of the copy of said resolution as hereinabove provided will suffice as notice. 5. If the house,building, and/or structure constituting a nuisance has not been repaired,torn down, or removed, or said nuisance otherwise abated, within thirty(30) days after posting the true copy of the resolution at a conspicuous place on said house,building, and/or structure as provided above,then the said house,building, and/or structure may be torn down and/or removed by the city or its authorized representative, and the cost thereof, as determined according to the procedures set out in this ordinance, shall be charged against said premises and shall constitute a lien thereon. 6. If the house,building, and/or structure constituting a nuisance has not been repaired,torn down, or removed, or said nuisance otherwise abated, within thirty(30) days after posting the true copy of the resolution at a conspicuous place on said house,building, and/or structure as provided above,then the said house, building, and/or structure may be torn down and/or removed by the city or its authorized representative, and the cost thereof, as determined according to the procedures set out in this ordinance, shall be charged against said premises and shall constitute a lien thereon. 7. The city employee, or any other person or persons, designated by the Mayor to tear down and remove and such house,building, and/or structure constituting a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and in 51 that end may, if the same have a substantial value, sell said house, building, and/or structure or any saleable material thereof,by public sale to the highest bidder for cash,ten(10)days' notice thereof being first given by one publication in some newspaper having a general circulation in the city,to insure its removal and the abatement of the nuisance. 8. All the proceeds of the sale of any such house,building, and/or structure, or the proceeds of the sale of saleable materials therefrom and all fines collected from the provisions of this ordinance shall be paid by the person or persons collecting the same,the City Clerk. If any such house, building, and/or structure,or the saleable materials thereof,be sold for an amount which exceeds all cost incidental to the abatement of the nuisance (including the cleaning up of the premises)by the city,plus any fine or fines imposed,the balance thereof will be returned by the City Clerk to the former owner or owners of such house,building, and/or structure constituting the nuisance. (Ord.No. 2001-15, Sec. 8.) 5.04.09 Criminal enforcement of ordinance A. In addition to the civil enforcement procedures set out herein, in the event the owner and/or occupant of any real property,who is given a Notice to abate a condition pursuant to provisions of this ordinance, shall fail or refuse to so comply with such Notice within the period of time established for compliance by such Notice, said owner and/or occupant may be issued a citations by the Code Enforcement Officer to appear in the Ozark District Court and upon conviction thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a minimum of One Hundred Dollars ($100.00) for the first offense, plus costs, and for each subsequent offense shall be fined a minimum of Two Hundred Fifty Dollars($250.00),plus costs. (Ord.No. 2007-3, Sec. 1.) B. In the event the owner and/or occupant on any real property which is in violation of the provisions of this ordinance, shall fail or refuse to abate the offensive condition or conditions and/or fail or refuse to abide by the orders of the District Court,the city may also take such civil actions as are provided under subsection (A)of this section. (Ord.No. 2001-15, Sec. 8.) 5.04.10 Enforcement of lien If the city has incurred any costs in the clean-up of a lot or has incurred any net costs in the removal of any house,building, and/or structure,the city shall have a lien upon said property as provided by A.C.A. 14-51-904. The lien imposed for either occurrence may be enforced in either one of the following manners: A. The lien my be enforced at any time within eighteen(18)months after work has been done,by an action in the Circuit Court; or, 52 B. The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty(3 0) days' written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then after publication of notice of such hearing in a newspaper having a bona fide circulation in Franklin County, Arkansas, for one (1)insertion per week for four (4) consecutive weeks. The determination of the City Council is subject to appeal by the property owner or owners in the Circuit Court. The amount so determined at said hearing,plus ten percent(10%)penalty for collection, shall be certified by the City Council to the Franklin County Tax Collector, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three percent(3%)thereof,when so collected shall be paid to the city of Ozark, Arkansas. (Ord. No. 2001-15, Sec. 9.) 5.04.11 Supplemental to codes The nuisance abatement regulations and enforcement procedures set out within this ordinance are supplemental to any other public welfare technical codes, including but not limited to,building, fire, life safety,plumbing, electrical and mechanical codes, and the enforcement provisions of such codes. (Ord. No. 2001-15, Sec. 10) CHAPTER 5.08 • LID SO WASTE COLLECTION Sections: 5.08.01 Contract 5.08.02 Contract with city 5.08.03 Required 5.08.04 Businesses 5.08.05 Violation 5.08.06 Fine 5.08.07 Rates 5.08.08 Dumpsters 5.08.01 Contracts A. The city of Ozark has the right under Arkansas law to enter into exclusive franchise agreements for commercial and industrial garbage and waste collection, as well as residential garbage collection. B. It is necessary to insure an accurate and fair bidding process for all franchise agreements to have full disclosure of any and all existing independent contracts 53 for the removal of commercial or industrial waste that the public health and welfare dictates such disclosure. C. All such independent contracts entered into prior to or during a period when no exclusive franchise agreement is in effect shall be recorded with the City Clerk within forty-eight(48)hours of the next regular business day after execution therefore, and shall be subject to the approval of the Mayor and a majority of the Sanitation Committee. D. The failure to approve said contract by the Mayor and a majority of the Sanitation Committee may be appealed to the full City Council. A majority vote of the entire City Council will be sufficient to override the decision of the Sanitation Committee. Failure to record the contract or obtain approval as set out hereinabove shall render said contract void and of no effect. (Ord. No. 2008-1, Secs. 1-4.) 5.08.02 Contract with city The city of Ozark has entered into a contract for the collection and disposal of solid waste within the corporate limits of the city of Ozark,Arkansas. (Ord.No. 2008-8, Sec. 1.) 5.08.03 Required Trash pick-up shall be required for each residential water meter within the corporate limits of the city of Ozark. (Ord.No. 2008-8, Sec. 2.) 5.08.04 Businesses Each business water meter shall be required to have one of two options of either curbside trash pick-up or a dumpster, as each need may arise. (Ord.No. 2008- 8, Sec. 3.) 5.08.05 Violation It is hereby declared unlawful for any person, firm, corporation, individual association or agent of any of the foregoing, anywhere within the city of Ozark, Arkansas,to violate the provisions of the contract which the city has signed with D.C. Trash, Inc., or use said collection and disposal service and not comply with the terms of the ordinance as to payment for said services. (Ord.No. 2008-8, Sec. 4.) 5.08.06 Fine Any person, firm, corporation, individual association, or agent of any of them,who violates any of the provisions of this ordinance or any provisions of the contract which the city has signed with D.C. Trash, Inc. shall be deemed guilty of a misdemeanor and upon issuance of a citation and conviction shall be fined not less than Twenty-Five Dollars ($25.00)nor more than One Hundred Dollars($100.00),plus costs, and if such violations be continuing, each day of a violation shall be deemed a separate offense. (Ord. No. 2008-8, Sec. 5.) 5.08.07 Rates The franchise agreement is approved and the rates and fees as set out therein are adopted, specifically as follows: 54 A. $12.05 per home for residential waste 0 $17.50 for outside city water customers. This charge is based upon 1,362 homes in the city. Commercial Garbaze Disposal Rates The following matrix lists the commercial account rates for collection. Size 1x week 2x week 3x week 4x week 5x week 2 yard 60.00 111.00 160.00 210.00 260.00 3 yard 80.00 150.00 220.00 290.00 360.00 4 yard 100.00 190.00 280.00 370.00 460.00 6 yard 125.00 245.00 365.00 485.00 605.00 8 yard 150.00 290.00 430.00 570.00 710.00 96 gal. cart 17.00 34.00 51.00 68.00 85.00 Hand colt 15.00 30.00 45.00 60.00 75.00 Industrial Garbage Collection Rates Size Charge per service Open top haul $150.00 Compactor haul $175.00 Compactor rental $400.00 per month Container rental $1.00 per day Disposal rate $42.00 per ton B. Upon the anniversary date of the contract, the fees paid by the city to the contractor may be negotiated with the city provided there is more than a three percent(3%) increase in the U.S. Department of Labor-Consumer Price Index (CPI). The maximum increase shall be no more than three percent(3%) each year. However, in no event will the cumulative total of CPI adjustments exceed fifteen percent(15%) over the term of the agreement. The contractor may request a rate increase due to significant changes in disposal costs of fuel costs, and as a result of changes in rules and regulations mandated by the federal, state or local governments. C. The Gate Rates at the Ozark Transfer Station are as follows: See attachment hereto which is incorporated herein and made a part of this ordinance. (Ord.No. 2008-5, Sec. 2.) 55 5.08.08 Dumpsters A. No person, company,partnership,property owner, or entity shall place trash dumpsters or large trash canisters upon: 1. sidewalks within the city limits; 2. state or city owned streets or highways; and 3. in front of commercial or industrial businesses. B. If a person, company,partnerships,property owner, or entity has no other feasible place to locate the trash dumpster or large metal canister other than in a location prohibited by section(A) above,then that person, company, partnership,property owner, or entity shall be allowed to place the dumpster or trash canister upon one of the prohibited locations mentioned above,but only if prior approval is obtained from the Mayor of the city of Ozark, Arkansas. C. Any person, corporation,partnership, or firm found to be in violation of this ordinance or any part hereof shall be guilty of a misdemeanor and subject to a fine of Fifty Dollars ($50.00). (Ord.No. 95-20, Secs. 1-3.) CHAPTER 5.12 HEALTH CARE PUBLIC FACILITIES BOARD Sections: 5.12.01 Creation 5.12.02 Members 5.12.03 Powers 5.12.04 Issuance of bonds 5.12.05 Organization;reports 5.12.01 Creation Pursuant to the authority of the act there is hereby created and established the"Ozark, Arkansas Health Care Public Facilities Board,"hereinafter referred to as the`Board"with authority as hereinafter provided to accomplish, finance, contract concerning and deal with or dispose of health care facilities, and to otherwise act in such a manner as may be permitted by the Act to provide adequate health care facilities within or near the city. (Ord.No. 82-3, Sec. 2.) 5.12.02 Members The Board shall consist of five (5)persons from the city of Ozark, Arkansas, designated by the City Council and appointed by the Mayor of the city to serve terms of one,two,three, four and five years,respectively. Said person shall be able to succeed themselves on said Board and their respective names and terms of office shall be: 56 Mary Yates One year Winston Hardin Two years Otto Haberer Three years Ann Wiggins Four years David Gibbons Five years Said Board members shall receive no compensation for their services,but may be reimbursed for their expenses incurred in the performance of their duty. Said Board shall elect a chairman from among its members, a Vice-Chairman and a Secretary/Treasurer. The Board shall meet on call of its Chairman and the Secretary/Treasurer shall keep a record of each meeting; each meeting shall be a public meeting. (Ord. No. 82-3, Sec. 3.) 5.12.03 Powers The Board is authorized and empowered to exercise all the rights, powers and privileges accorded such Boards under the Act for the purpose of establishing, constructing,reconstructing, equipping,improving or otherwise assisting the development of Health Care Facilities as defined in Section 3(g) of the Act. (Ord.No. 83-6, Sec. 1.) 5.12.04 Issuance of bonds The Board is authorized to issue revenue bonds, from time to time, under the terms, conditions and procedures set forth in the Act, and to use the proceeds, either alone or together with other available funds and revenues, to accomplish the purposes for which the Board is created as the same relates to the providing of adequate health care facilities. Such revenue bonds shall be obligations 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, and the principal and interest on the bonds shall be payable from and secured by a pledge of revenues derived from the health care facilities financed, in whole or in part, from bond proceeds and as authorized by, and in accordance with the provisions of,the Act, together with such other collateral as may properly be pledged under the Act and as the Board in its discretion may determine. The Mayor is authorized to approve the issuance of any revenue bonds that the Board authorizes pursuant to resolution. The approval of the Mayor shall be in his discretion but in no event shall the Mayor approve the issuance of any such bonds until the Mayor has conducted a public hearing on the bond issue or has received a written statement from the Chairman of the Board stating that the bonds had been authorized by the Board subsequent to a public hearing and that the resolution authorizing the issuance of the bonds was duly and properly adopted by the Board. (Ord. No. 83-6, Sec. 2-3.) 5.12.05 Organization, reports As soon as practicable after the adoption of this ordinance,the Board shall meet and elect such officers as set out above. The Board may adopt by-laws and other rules and regulations as shall be necessary for the conduct of its business and consistent with the provisions of the Act. The Board shall cause to be filed with the City Clerk of the city an annual report as described in the Act. Said Board shall have a seal and may incorporate it if said Board deems it desirable. (Ord.No. 83-6, Sec. 6.) 57