Nation nominated to boards of water companies

City board members will decide whether to approve the election of Mayor Judy Nation to the boards of the Illinois Water Development Company Inc. (IWDC) and the Siloam Springs Water Resource Company (SSWRC), during the city board meeting on Tuesday.

The mayor typically serves as one of two directors on both corporations. Since Nation was recently elected to the position of mayor, the board will most likely elect her to the board of both corporations, according to a staff report prepared by City Administrator Phillip Patterson on Jan. 11.

As the sole shareholder in the IWDC, the city board must approve the election of a new director, the staff report states.

The SSWRC is held in the Water Resource Authority Trust for the benefit of the city rather than by the city directly, with the city administrator acting as trustee, the staff report states.

Since the Water Resource Authority Trust is the sole shareholder in the SSWRC, the trustee can elect a new director, but the city board of directors has to

approve the director’s election, Patterson said.

The city of Siloam Springs acquired Lake Frances and the surrounding properties in the 1950s by purchasing 100 percent of the stock in an Oklahoma corporation, the IWDC, holding title to the land, the staff report states.

A few years ago the IWDC’s land titles were transferred to a successor corporation, SSWRC, the staff report states. Despite not holding any assets, the IWDC is maintained in good standing in order to execute any “clean-up” documents, such as deeds and titles to the property, the staff reports states.

These documents help staff obtain accurate and up-to-date surveys and descriptions of the property and defend itself against any adverse possession claims relating back to period of ownership that should arise, the staff report states.

Under Oklahoma’s adverse possession law, a person who has occupied land for 15 years or longer may be considered the owner of the land, according to Oklahoma Society of Land Surveyors website osls.org.

Certain conditions need to be met, such as the individual must have acted as the owner by telling people and performing upkeep on the property, and the individual must have acted publicly and the individual is the sole occupant of the land, the website states.

If these actions are met continuously for 15 years in Oklahoma, an adverse possession claim could be made.

Other business to come before the board includes:

Consent Agenda

• Regular meeting minutes for the meeting on Jan. 5.

• Resolution 02-21 setting a hearing date for right-of-way vacation of 316 N. Hico St.

• Resolution 03-21 concerning approving an 80/20 Transportation Alternative Program (TAP) grant in the amount of $125,000 from the Northwest Arkansas Regional Planning Commission for the construction of new sidewalk along Lake Francis Drive and South Washington Street.

• Dedication of utility easements for the 2900 block of East Highway 412.

• Dedication of utility easements for the 600 block of Arkansas Highway 16.

• Purchasing a tree trimming bucket truck from Altec industries for $216,047.

• Approving an airport ground lease to Upward Investments LLC for the construction of a new hangar at Siloam Springs Municipal Airport.

• Approving a budget amendment for $30,000 and the purchase of 905 E. University St.

Ordinances

• Placing Ordinance 2101 concerning the annexation of 30.03 acres at 14505 N. Country Club Road on its second reading.

Staff reports

• Administrator’s report.