ARTICLE I. Sec. 2-1. Contract negotiations.
Auditing, accounting and professional real estate appraisal services are hereby designated as consulting services as provided for in Ark. Code Ann. § 19-11-801, and hereafter, the City of Springdale shall negotiate contracts for the provision of auditing, accounting, and professional real estate appraisal services for the City as set out in Ark. Code Ann. § 19-11-801.
(Ord. No. 3078, 3-27-01)
Editor's note--Ord. No. 3078, adopted March 27, 2001, added provisions that were not specifically amendatory. At the editor's discretion, said provisions have been included herein as § 2-1.
Secs. 2-2--2-25. Reserved.
ARTICLE II. ------------
State law reference(s)--City council generally, A.C.A. § 14-44-101 et seq.
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Sec. 2-26. Meetings--Rules governing conduct.
(a) The city council shall hold two regular council meetings per month, on the 2nd and 4th Tuesday of each month, at 6:00 p.m. in the City Council Chambers, located in the Springdale City Administration Building. Special meetings of the city council may be called by the mayor or by any three aldermen, provided that the notice requirements of the Arkansas Freedom of Information Act are complied with.
(b) The city council shall have the authority to adopt such rules governing its meetings as it may deem expedient. Except as provided by rules adopted by the city council, in all matters of parliamentary procedure Robert's Rules of Order, newly revised, shall govern and apply.
(c) The city council's rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose of an emergency nature by a vote of all members present. Any member may move at any time for the suspension of any rule, and such motion must be seconded to entitle it to consideration.
(d) If any member, in speaking or otherwise, transgresses the rules of the council, the presiding officer shall, or any member can, call him to order; in which case the member so called to order shall immediately cease discussion unless permitted by the presiding officer to explain; and the council if appealed to shall decide the question without debate. If the decision is in favor of the member so called to order, he shall be at liberty to proceed; if otherwise, he shall not proceed without leave of the council to proceed in order.
(e) A member about to speak shall respectfully address the chair, and shall not commence to speak until recognized by the presiding officer. When two or more members request to speak at the same time, the presiding officer shall determine which one is recognized.
(f) Every member while speaking shall confine himself to the subject under debate, shall refrain from personalities and shall not refer to any other member of the council except in a respectful manner.
(g) Unless a member who has the floor yields for that purpose, no member shall interrupt another while speaking, except to propound a parliamentary inquiry or make a point of order.
(h) No member shall speak more than twice or for more than 15 minutes continuously to any one question, except that one or more additional periods of 15 minutes may be granted by majority consent. The reading of papers desired by any member shall be read by himself or by the city clerk within the member's time limitation unless permission for the clerk to read such paper outside the time limitations is granted by a majority.
(Code 1973, § 2-1; Ord. No. 3953, § 1, 9-12-06)
State law reference(s)--Council (in first class cities) shall determine its own rules and keep a journal thereof, A.C.A. § 14-43-501; except as otherwise provided by law, all meetings supported by public funds, shall be public, A.C.A. § 25-19-106.
Sec. 2-27. Same--Conduct of spectators, preservation of order.
(a) It shall be the duty of the chief of police to be present and on official duty at all special and regular meetings of the city council.
(b) Except during such periods of time at such meetings as the city council shall set aside for public discussion, it shall be unlawful for any person present as a spectator to interrupt or disturb the proceedings in any manner by voice, actions or otherwise.
(c) During periods set aside for public discussion of any nature, any person desiring to speak shall secure the permission of the presiding officer by first silently raising his hand and being recognized. The use of profanity, obscene language, threats or any violent or abusive conduct by any person shall constitute a violation of this section.
(d) It shall be the duty of the chief of police, upon the order of the presiding officer at any such meeting to forcibly, if necessary, evict any person violating the provisions of this section from the council meeting hall. Any such violation shall subject the offender, upon conviction thereof before the municipal court, to a fine and/or imprisonment as prescribed by section 1-9.
(Code 1973, § 2-2)
Sec. 2-28. Filing of petition for council consideration.
Any citizen desiring to submit a petition to the city council concerning an item to be considered on the city council agenda, may present the petition to the city council at a meeting, when the agenda item is to be considered.
(Code 1973, §§ 2-3, 2-4; Ord. No. 3381, 9-23-03)
Sec. 2-29. Consideration of ordinance by ordinance committee.
(a) Any ordinance that has not been subject to a public hearing, such as a zoning ordinance, or has not been referred to another committee of the city council for consideration shall be considered by the ordinance committee before the ordinance is presented to the full body of the city council, unless such requirement is waived by two-thirds vote of the city council;
(b) Any party desiring to present an ordinance to the city council shall provide a copy to the city attorney at least three business days prior to the date the ordinance committee meets;
(c) Nothing in this article shall prohibit any council member or the mayor from presenting an ordinance to the full city council, after it has been reviewed by the ordinance committee, regardless of what the ordinance committee recommends concerning the ordinance.
(Ord. No. 3303, 3-11-03)
Secs. 2-30--2-50. Reserved.
ARTICLE III. ------------
Cross reference(s)--Police retirement fund, § 70-6; personnel, ch. 86.
State law reference(s)--Oath and bond required of all elected or appointed officers of municipalities, A.C.A. § 14-42-106; self-insured fidelity bond program, A.C.A. § 21-2-701 et seq.
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DIVISION 1. Sec. 2-51. Retirement benefits allowed under state law.
(a) On the death of any mayor of the city retired under the provisions of Ark. Code Ann. §24-12-123(a), or any other acts of the General Assembly, or if any mayor dies in office after becoming eligible to retire under Ark. Code Ann. §24-12-123(a), or any other acts of the General Assembly, the spouse of the mayor married to the mayor for ten years or longer shall receive one-half of the retirement benefit the retired mayor was receiving or one-half of the retired benefit the mayor who died in office was entitled to receive; however, upon remarriage of the spouse, the benefits shall cease as are provided for under Arkansas law.
State law reference(s)--Ark. Code Ann. § 24-12-123(b).
(b) When a person shall serve as city attorney of the city of for a period of not less than ten years, upon reaching age 60, or when a person shall serve as city attorney for a period of not less than 20 years, without regard to age, then he/she shall be entitled to retire at an annual retirement benefit during the remainder of his/her nature life, payable at the rate of one-half of the salary payable to the city attorney at the time of his/her retirement.
State law reference(s)--Ark Code Ann. § 24-12-120.
(c) Any deputy city clerk in the city who shall serve 20 years as deputy city clerk, and who shall have attained the age of 65 years, and who shall retire from office or be succeeded by another deputy city clerk, shall receive for the remainder of his/her life, as retirement pay, one-half of the monthly salary received by him/her during the last preceding year of his/her service.
State law reference(s)--Ark. Code Ann. § 24-12-122.
(d) On the position of city district court judge, there are three different statutes that may be applicable, depending on the circumstances (Ark. Code Ann. § 24-8-307, Ark. Code Ann. § 24-8-308 and Ark. Code Ann. § 24-8-406). It is the policy of the city to allow the district court judge to retire with the benefits allowable under any one of these statutes, provided the district court judge meets all qualifications under the statute. However, the district court judge may only draw the benefits allowable under one of the above statutes.
(e) This section is for the purpose of providing retirement benefits under the Arkansas Code Annotated as set out previously herein. Pursuant to state law, no city employee shall be allowed to draw from more than one pension plan for the same time of service in the same position within the city. Upon retirement, if a city official covered by this section desires retirement benefits under a different plan of the city for the same service, then such official shall notify the city clerk in writing of his/her intention not to take benefits provided in this ordinance before taking retirement.
(f) The retirement benefits for mayor, court clerk and city clerk are not covered by this section because they are mandatory under state law and are not optional. However, if a person holds one of these offices and is a member of a different pension plan of the city and becomes eligible to draw under state law, such employee shall notify the city clerk of which retirement plan they are going to receive benefits under, and this notice shall be made in writing before retirement becomes effective.
(Ord. No. 3415, §§ 1--3, 11-25-03)
Editor's note--Ord. No. 3415, §§ 1--3, adopted November 25, 2003, did not specify manner of inclusion; hence, inclusion as § 2-51 is at the discretion of the editor.
Cross reference(s)--Personnel, ch. 86.
Secs. 2-52--2-60. Reserved.
DIVISION 2. ------------
State law reference(s)--Powers and duties of mayor, generally, A.C.A. § 14-43-504.
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Sec. 2-61. Declaration of local disaster emergencies.
(a) A local disaster emergency may be declared only by the mayor. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city clerk.
(b) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.
(c) No interjurisdictional agency or official thereof may declare a local disaster emergency unless expressly authorized by the agreement pursuant to which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions.
State law reference(s)--Similar provisions, A.C.A. § 12-75-108.
Secs. 2-62--2-70. Reserved.
DIVISION 3. ------------
Cross reference(s)--Municipal court clerk, § 70-2.
State law reference(s)--Duties of city clerk generally, A.C.A. § 14-43-506; city collector, A.C.A. § 14-43-508; clerk's term is two years and shall provide bond, A.C.A. § 14-43-313.
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Sec. 2-71. Records and accounts.
(a) The city clerk shall keep a regular and correct journal or minute book of the proceedings of the council, record and have custody of all laws, ordinances and petitions of the city. The city clerk shall maintain and keep a set of double entry books as prescribed and provided by the auditor and submit quarterly to the city council in open session a detailed statement of the financial condition of the city, including a balance sheet and operating statement for all departments not maintaining their own set of books.
(b) The city clerk shall act as city collector. The city clerk shall keep separate ledgers for accounts due and payable for occupation taxes, special licenses and other licenses. The city clerk shall keep in a ledger the rentals of city property. The city clerk shall send out regular statements, and at the direction of the council otherwise actively pursue the collection of the revenues. The city clerk shall receive a list of all collections made by the municipal judge, the police department, fees for building permits issued by the chief city inspector and shall show the same on the monthly report to the city council.
(Code 1973, § 2-15(a), (b))
Sec. 2-72. Deputy city clerk.
The duties prescribed for the city clerk shall be performed by the city clerk or in the absence of the city clerk by a deputy city clerk appointed by the city council.
(Code 1973, § 2-15(c))
Sec. 2-73. Office hours.
The office of the city clerk shall be open to the public for the transaction of business during the usual hours maintained by other municipal offices, from 8:00 a.m. to 5:00 p.m. on weekdays, Monday through Friday.
(Code 1973, § 2-15(c))
Sec. 2-74. Other duties.
The city clerk shall perform such other duties as are imposed upon him by the laws of the state for cities of the first class.
(Code 1973, § 2-15(d))
Secs. 2-75--2-85. Reserved.
DIVISION 4. ------------
State law reference(s)--Election, term, duties, salary of city attorney, A.C.A. § 14-43-313.
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Sec. 2-86. Established; department head; duties.
A legal department of the city is hereby established. The head of the department shall be the city attorney, who shall be responsible for its functioning and operation. Unless prohibited by ethical considerations, the city attorney shall advise the city council or any committee or member thereof, the mayor, and the heads of all departments, and through the mayor and heads of departments, all other officers or officials of the city upon any and all legal questions affecting the city's interest. He shall prepare ordinances, resolutions, contracts and all other legal documents of the city. He shall prosecute criminal violations of the state law and city ordinances in the district court, circuit court and the state appeals courts. The city attorney shall also perform other legal duties as are imposed upon him by law.
(Code 1973, § 2-26; Ord. No. 3305, 3-11-03)
Sec. 2-87. Excepted from certain city functions.
The city attorney shall not be required nor shall it be a part of his duties to represent the water and sewer commission or the housing authority. The city attorney shall also not be required to perform any duties in connection with a bond issue, whether revenue or ad valorem, or to perform any duties for any municipal improvement district.
(Code 1973, § 2-27; Ord. No. 3305, 3-11-03)
Sec. 2-88. Representation of city.
The city attorney shall, through the legal department of the city, take charge of and direct the management of all litigation in which the city may be a party or in which the city may have an interest. The legal department shall represent the city and all city officials in their official capacity in all legal matters and proceedings in which they may be a party, or interested, whether the proceedings be in a court of law or equity in this state, including the United States District Court for the Western District of Arkansas.
(Ord. No. 3305, 3-11-03)
Editor's note--Ord. No. 3305, adopted Mar. 11, 2003, repealed the former § 2-88, and enacted a new § 2-88 as set out herein. The material of former § 2-88 which derived from Code 1973, § 2-28, can now be found in § 2-93.
Sec. 2-89. Approval of documents.
The city attorney shall approve as to form all contracts, leases, resolutions, ordinances, agreements and/or other documents filed with the city pursuant to the ordinances and regulations thereof, which are in the name of, made to, or with the city.
(Ord. No. 3305, 3-11-03)
Sec. 2-90. Salary/budget of city attorney's office.
The city attorney's budget and fiscal review process will be the same as other departments of city government. The city attorney's salary, as well as the salary of the deputy city attorneys and other office staff of the office of the city attorney, will be set annually pursuant to the budget process of the city. By approving the budget, the city council is approving the city attorney's budget including his salary, under this article.
(Ord. No. 3305, 3-11-03)
Sec. 2-91. Deputy city attorneys.
(a) The city attorney may appoint one or more deputy city attorneys, who shall act under the direction of the city attorney and shall perform such duties as the city attorney may direct.
(b) Any deputy city attorney appointed by the city attorney shall be a licensed attorney in the state.
(Ord. No. 3305, 3-11-03)
Sec. 2-92. Hot check program.
(a) The city attorney is authorized to administer a hot check program, and to collect a fee from any person issuing a bad check as described in A.C.A. § 21-6-411. Such fees collected shall be used to offset the cost of the hot check program and the city attorney is authorized to expend funds from the fees to purchase supplies and equipment for the hot check program. The city attorney is further authorized to pay over additional revenue collected from the fees to the city clerk, to be shown as a revenue fund of the city attorney's office.
(b) The city attorney is authorized to collect and disburse all other fees allowed to be collected and disbursed under the Arkansas law governing collection of hot checks.
(Ord. No. 3305, 3-11-03)
Sec. 2-93. Prosecution fees; appropriation.
(a) For all prosecutions tried by the city attorney for violations of ordinances of the city and for all prosecutions tried by the city attorney for violations of state laws committed within the corporate limits of the city, resulting in conviction, the defendant shall be taxed the same fees as are allowed prosecuting attorneys in this state in all criminal cases.
(b) All fees collected under this section whether the case be tried in district court or on appeal to the circuit court, or supreme court, shall be paid over to the city treasurer for deposit in the city general fund to be used as the city council directs.
(Ord. No. 3305, 3-11-03)
State law reference(s)--Council may levy prosecution fees and direct payment of the proceeds, A.C.A. § 14-43-410.
Secs. 2-94--2-110. Reserved.
ARTICLE IV. ------------
Cross reference(s)--Municipal airport commission, § 18-26 et seq.; board of plumbing examiners, § 22-184; board of health, § 54-26 et seq.; planning commission, § 90-26 et seq.; board of water and sewer commissioners, § 118-26 et seq.
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DIVISION 1. Secs. 2-111--2-120. Reserved.
DIVISION 2. ------------
Cross reference(s)--Exemption from civil service, § 18-33; police retirement fund, § 70-6; social security, § 86-26 et seq.; police pensions, § 86-46 et seq.
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Sec. 2-121. Composition.
The board of civil service commissioners for the police and fire departments of the city is composed of five upright and intelligent citizens of the city.
(Code 1973, § 2-39)
Cross reference(s)--Fire prevention and protection, ch. 46; law enforcement, ch. 58.
State law reference(s)--Authority to establish, A.C.A. § 14-51-102.
Sec. 2-122. Appointment, terms of members.
(a) The members of the civil service commission shall be appointed and serve for terms as prescribed by A.C.A. § 14-51-211.
(b) Upon the creation of a vacancy in the office, or expiration of the term of a member, the office shall be filled as provided by law. The commissioners and their successors shall serve in such capacity without salary, and they are charged with the faithful performance of their duties in an impartial and unbiased manner as is now or may hereafter be imposed upon them by law and the ordinances of the city.
(Code 1973, § 2-40)
State law reference(s)--Appointment and terms, A.C.A. § 14-51-201; vacancy, A.C.A. § 14-51-211.
Secs. 2-123--2-125. Reserved.
DIVISION 3. ------------
Editor's note--Ord. No. 3815, § 1, adopted Jan. 10, 2006, repealed §§ 2-126--2-130, which pertained to industrial commission and derived from the Code of 1973, §§ 16-1--16-5; Ord. No. 3297, § 1, adopted Feb. 25, 2003. Ord. No. 3815, §§ 2--5, added provisions that were not specifically amendatory. At the editor's discretion, said provisions have been included herein as §§ 2-126--2-129.
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Sec. 2-126. Creation of board.
Pursuant to the authority granted pursuant to A.C.A. § 14-137-101 et seq., there is hereby created and established the "City of Springdale Public Facilities Board". As soon as practicable after the adoption of this division, the Springdale Public Facilities Board shall meet and elect such officers as required by A.C.A. § 14-137-109. The Springdale Public Facilities Board may adopt such by-laws and other rules and regulations as shall be necessary for the conduct of its business and consistent with the provisions of Arkansas Code. A majority of the members of the Springdale Public Facilities Board at any time shall constitute a quorum for the transaction of business at any regular or duly called special meeting and the act of a majority of those present at any such meeting shall be the act of the board. The Springdale Public Facilities Board shall make an annual written report to the city council as required by A.C.A. § 14-137-123. The city attorney shall be the attorney for the Springdale Public Facilities Board.
(Ord. No. 3815, § 2, 1-10-06)
Sec. 2-127. Powers.
(a) The Springdale Public Facilities Board is empowered, from time to time, to loan, acquire, construct, reconstruct, extend, equip, improve, sell, lease, and contract concerning residential housing facilities as shall be determined by the board to be necessary to provide decent, safe and sanitary residential housing facilities within or near the city.
(b) The Springdale Public Facilities Board shall have the power, and it shall be its duty, to exercise supervision and control over the acquisition of suitable industrial property. The Springdale Public Facilities Board shall have the power to construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning or otherwise deal in or dispose of any lands, buildings or facilities of any and every nature that can be used in securing or developing industry for the benefit of the city and its citizens.
(c) The Springdale Public Facilities Board may enter into such contractual or cooperative agreements with such persons as may, in its discretion, be advisable to accomplish the purposes of this division, including without limitation, departments, agencies or instrumentalities of the United States of America, the State of Arkansas, or the city.
(d) The Springdale Public Facilities Board is authorized to issue revenue bonds, from time to time, and to use the proceeds, either along or together with other available funds and revenues, to accomplish the purposes for which the Springdale Public Facilities Board is created. Such revenue bonds shall be obligations only the Springdale Public Facilities Board and shall not constitute an indebtedness for which the faith and credit of the city or any of its revenues or pledges, and the principal and interest on the bonds shall be payable from and secured by a pledge of revenues derived from projects financed, in whole or in part, from bond proceeds together with such collateral as may properly be pledged as the Springdale Public Facilities Board in its discretion may determine.
(Ord. No. 3815, § 3, 1-10-06)
Sec. 2-128. Appointment and terms.
The initial Springdale Public Facilities Board shall consist of the following members and their initial terms shall be as indicated below and thereafter all terms shall be for five years:
IN GENERAL
CITY COUNCIL*
OFFICERS AND EMPLOYEES*
GENERALLY
MAYOR*
CITY CLERK*
CITY ATTORNEY*
BOARDS, COMMISSIONS AND COMMITTEES*
GENERALLY
BOARD OF CIVIL SERVICE COMMISSIONERS*
PUBLIC FACILITIES BOARD*
| Position | Name | Years | Term Expiration |
| 1 | Blake Hanby | 5 | 01/31/2011 |
| 2 | James Crouch | 4 | 01/31/2010 |
| 3 | Mark Wann | 3 | 01/31/2009 |
| 4 | Rex Bailey | 2 | 01/31/2008 |
| 5 | Buddy Philpot | 1 | 01/31/2007 |
Any vacancies on the Springdale Public Facilities Board, whether due to expiration of term, resignation, disability or removal, shall be filled according to the procedures as set out in A.C.A. § 14-137-108.
(Ord. No. 3815, § 4, 1-10-06)
Sec. 2-129. Transfer of legal responsibilities.
All assets, liabilities and contractual obligations of the Springdale, Arkansas Residential Housing Facilities Board and the Springdale Industrial Commission are hereby transferred to the Springdale Public Facilities Board.
(Ord. No. 3815, § 5, 1-10-06)
Secs. 2-130--2-135. Reserved.
DIVISION 4. Sec. 2-136. Tax levy for accommodations.
Pursuant to A.C.A. 26-75-602 (d)(1)(A), the city hereby levies a tax of one and one-half percent upon the gross receipts or gross proceeds from the renting, leasing, or other furnishing of hotel, motel, or short-term condominium rental accommodations for sleeping, meeting, or party room facilities for profit in the city, but such accommodations shall not include the rental or lease of such accommodations for periods of 30 days or more.
(Ord. No. 2048, § 1, 10-8-91)
Sec. 2-137. Collection and use of funds.
The tax so levied pursuant to this chapter shall be paid by the persons, firms, and corporations liable therefore and shall be collected by the city in the same manner and at the same time as the Arkansas Gross Receipts Act, Sec. 26-52-101, et seq., and said funds collected pursuant to this tax shall be credited to the city advertising and promotion fund which is hereby created herein and shall be used for all lawful purposes as set out under state law, including advertising and promoting the city and its environs or for construction, reconstruction, extension, equipment, improvement, maintenance, repair, and operation of a convention center or for the operation of tourist promotion facilities within the city and facilities necessary for, supporting or otherwise pertaining to a convention center, or for the payment of the principal of, interest on, any fees and expenses in connection with, bonds as provided in state law under this subchapter in the manner as shall be determined by the city advertising and promotion commission. These funds may also be used, spent, or pledged by the commission for any other purposes authorized under state law, as amended, and may also be used for the construction, reconstruction, repair, maintenance, improvement, equipping and operation of public recreation facilities in said city and for the payment of the principal of, interest on, any fees and expenses in connection with bonds as provided by A.C.A. [§] 26-75-606 in the manner as shall be determined by the city advertising and promotion commission for this purpose. As provided under state law, such taxes collected herein shall not be used:
(1) For general capitol improvements within the city;
(2) For the costs associated with the general operation of the city;
(3) For general subsidy of any civic groups or the chamber of commerce;
However, the advertising and promotion commission may contract with such groups to provide to the commission actual services that are connected with tourism events or conventions.
(Ord. No. 2048, § 2, 10-8-91)
Sec. 2-138. Creation and composition.
Pursuant to A.C.A. [§] 26-75-605, the city hereby creates a city advertising and promotion commission to be composed of seven members as follows: Four members shall be owners or managers of businesses in the tourism industry and the owner or manager shall reside in the city, at least three of whom shall be owners or managers of hotels, motels, or restaurants; two members of the commission shall be members of the city council; one member shall be from the public at large, who shall reside within the city.
Vacancies on the commission, whether resulting from expiration of a regular term or otherwise, in any of the four tourism industry positions or in the at-large position shall be filled by appointment made by the remaining members of the commission, with approval of the city council. The two commission members of the city council shall be selected by the city council.
(Ord. No. 2048, § 3, 10-8-91; Ord. No. 3293, § 1, 2-11-03)
Sec. 2-139. Terms.
The terms of the commissioners shall be as listed below. At the completion of the terms listed below, all terms for tourism industry positions and the at large position shall be for four years, regardless of the date of formal approval by the city council and shall terminate on May 31st. The council positions will be for two years and shall coincide with their term on the city council.
CITY ADVERTISING AND PROMOTION COMMISSION
| Term Seat | Term Expires | Next |
| 1-Industry | 01/01/2003 | 01/01/2003 to 05/31/2007 |
| 2-Industry | 01/01/2004 | 01/01/2004 to 05/31/2008 |
| 3-Industry | 09/08/2002 | 09/08/2002 to 05/31/2005 |
| 4-Industry | 01/01/2006 | 01/01/2006 to 05/31/2010 |
| 5-At Large | 01/01/2003 | 01/01/2003 to 05/31/2007 |
| 6-Council | 12/31/2002 | 01/01/2003 to 12/31/2004 |
| 7-Council | 12/31/2002 | 01/01/2003 to 12/31/2004 |
(Ord. No. 2048, § 4, 10-8-91; Ord. No. 3293, § 2, 2-11-03)
Sec. 2-140. Reserved.
DIVISION 5. ------------
Editor's note--Ord. No. 3815, § 1, adopted Jan. 10, 2006, repealed §§ 2-141--2-145, which pertained to residential housing facilities board and derived from Ord. No. 1203, §§ 2--6, adopted Oct. 24, 1978.
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Secs. 2-141.--2-145. Reserved.
ARTICLE V. ------------
Cross reference(s)--Use of revenue, § 18-28; court costs, § 70-3.
State law reference(s)--Fiscal affairs generally, A.C.A. § 14-58-101 et seq.
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DIVISION 1. Sec. 2-146. Sales and use tax.
(a) Under the authority of the authorizing legislation, there is hereby levied a one percent tax on the gross receipts from the sale at retail within the city of all items which are subject to the Arkansas Gross Receipts Tax Act of 1941, as amended (A.C.A. § 26-52-101, et seq.), and the imposition of an excise (or use) tax on the storage, use or other consumption within the city of tangible personable property subject to the Arkansas Compensating Tax Act of 1949, as amended (A.C.A. § 26-53-101, et seq.), at a rate of one percent of the sale price of the property or, in the case of leases or rentals, of the lease or rental price (collectively, the "sales and use tax"). The sales and use tax shall be levied and collected for each single transaction as provided by state law (see Act 1273 of 2003, Act 179 of 2007, and implementing regulations and other Acts and regulations amendatory thereto).
(b) "Single transaction" shall mean any sale of tangible personal property or taxable service reflected on a single invoice, receipt, or statement for which an aggregate sales or use tax amount has been reported or remitted to the state for a single local taxing jurisdiction.
(c) There shall be a rebate of all city sales taxes collected in excess of $25.00 on any single transaction where provided by state law. The procedure to collect any rebate shall be as provided by state law.
(Ord. No. 2082, §§ 1, 2, 3-13-92; Ord. No. 4141, 12-11-07)
Editor's note--Ord. No. 4141, adopted Dec. 11, 2007, shall become effective Jan. 1, 2008, to be consistent with the amendment to Ark. Code Ann. § 26-75-319.
Secs. 2-147--2-155. Reserved.
DIVISION 2. Sec. 2-156. Purchasing procedure generally.
(a) Purchases below $2,000.00. The mayor, or his duly authorized representative, shall have exclusive power and responsibility of making purchases of all supplies, apparatus, equipment and materials for the City of Springdale where the total expenditure therefor is below the sum of $2,000.00.
(b) Purchases of $2,000.00 and above. All purchases for the city of supplies, apparatus, equipment, materials and other things requisite for public purposes where the expenditure therefor is in excess of $2,000.00, but less than $20,000.00 shall be made by the mayor, or the mayor's duly authorized representative, after the securing of quotation bids therefor; provided, however, purchases less than $20,000.00 at state bid prices shall be exempt from the provisions of this section.
(Code 1973, § 2-6(a), (b); Ord. No. 2428, §§ 1, 2, 10-10-95; Ord. No. 3750, § 1, 8-23-05; Ord. No. 3974, 10-10-06)
Sec. 2-157. Competitive bidding process.
Competitive bids are required when the purchase or contract exceeds the sum of $20,000.00, and the mayor, or his duly authorized representative, shall invite competitive bids thereon by legal advertisement in a newspaper as required by law. Bids received pursuant to said advertisement shall be opened and read on the date set for receiving said bids, in the presence of the mayor, or his duly authorized representative. The contract shall be awarded to the lowest responsible bidder provided, however, the mayor, or his duly authorized representative, may reject any and all bids received. Further, nothing in this paragraph shall limit the city council's authority under state law to waive competitive bidding when the city council finds it is not feasible or practical and purchases of greater than $20,000.00 at state bid prices shall be exempt from the provisions of this section.
(Code 1973, § 2-6(c); Ord. No. 2428, § 3, 10-10-95; Ord. No. 3750, § 1, 8-23-05)
Sec. 2-158. Approval of payments; disapproval of bills, debts, etc.
The mayor, or his duly authorized representative, may approve for payment out of any funds previously appropriated for that purpose, or disapprove any bills, debts or liabilities asserted as claims against the city, when funds on hand are adequate to pay such bills, debts or liabilities. The payment or disapproval of any bills, debts or liabilities not covered by a previous appropriation shall require confirmation of the governing body.
(Code 1973, § 2-6(d); Ord. No. 2428, § 4, 10-10-95)
Sec. 2-159. Sale or exchange of certain materials.
The mayor, or his duly authorized representative, may sell or exchange any municipal supplies, materials or equipment without competitive bidding if such supplies, materials or equipment have a value of less than $2,000.00. No supplies, materials or equipment shall be sold without receiving competitive bids (unless advertised and sold at public auction) if the value thereof exceeds the sum of $2,000.00. If the mayor believes the value of such supplies, material or equipment to be sold is less than $2,000.00, he shall certify his opinion in writing to the governing body, and after doing so the items shall be sold by the mayor without competitive bidding.
(Code 1973, § 2-6(e); Ord. No. 2428, § 5, 10-10-95)
State law reference(s)--Powers of mayor generally, A.C.A. § 14-43-504; disposal of municipal supplies generally, A.C.A. § 14-58-306.
Secs. 2-160--2-170. Reserved.
DIVISION 3. Sec. 2-171. Preparation.
The mayor, on or before October 15 of each year shall submit to the city council a budget with an explanatory budget message for the ensuing year. The estimate shall be compiled from detailed information obtained from the departments, divisions, and offices of the city by the mayor.
(Ord. No. 2994, § 1, 5-23-00)
Sec. 2-172. Budget document; generally.
The budget document, setting forth the financial plan of the city for the ensuing budget year, shall embrace:
(1) The budget message and summary;
(2) The detailed budget planned.
(Ord. No. 2994, § 2, 5-23-00)
Sec. 2-173. Budget message.
(a) The budget message submitted by the mayor to the city council shall be explanatory of the budget, shall contain an outline of the proposed financial policy of the city for the budget year, and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy.
(b) Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements, as the mayor shall believe useful to the city council.
(Ord. No. 2994, § 3, 5-23-00)
Sec. 2-174. Summary.
At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of anticipated revenue and total proposed expenditures of each department, in such a manner as to present to taxpayers a simple and clear summary of the estimates of the budget.
(Ord. No. 2994, § 4, 5-23-00)
Sec. 2-175. Detailed plan.
The budget shall provide a complete plan of operation for all city departments and offices for the ensuing budget year. For each department, division, and office of the city, the following detailed information shall be provided by the mayor to the city council when the budget is presented:
(1) Any employment position which has been budgeted a pay raise of more than one grade and one step, under the City of Springdale salary plan, and a detailed explanation for such pay increase.
(2) Any employment position scheduled for a pay decrease and a detailed explanation of the reasons therefore;
(3) Any employment position which is being eliminated, and a detailed explanation of the reasons therefore;
(4) Detailed information of all capital items to be purchased and the reasons why such items are necessary.
(Ord. No. 2994, § 5, 5-23-00)
Sec. 2-176. Comparing anticipated revenues with past years.
In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amounts of such items actually received during such year, the amount of each such item in the budget of the current fiscal year and the amount actually received for the time of preparing the budget plus receipts for the remainder of the current fiscal year estimated as accurately as may be.
(Ord. No. 2994, § 6, 5-23-00)
Sec. 2-177. Other attachments.
In addition to the requirements herein, the mayor shall attach to the budget such schedules, exhibits and other explanatory material with respect to current operations and capital improvements, as the mayor believes will be useful to the city council.
(Ord. No. 2994, § 7, 5-23-00)
Sec. 2-178. Approval by council.
The approval by the city council of the budget shall amount to an appropriation for the purpose of the budget of funds which are lawfully applicable to the items therein contained. The council may alter or revise the budget from time to time and unpledged funds appropriated by the council for any purposes may be subsequently, by action of the council, appropriated to another purpose, subject to the following exceptions:
(1) Funds resulting from taxes levied under statutes or ordinances for specific purposes may not be diverted to another purpose.
(2) Appropriated funds may not be diverted to another purpose where any creditor of the city would be prejudiced thereby.
(Ord. No. 2994, § 8, 5-23-00)
Sec. 2-179. Monthly statements; annual report.
At the close of each month, and at any other time, as so ordered by the city council, the mayor shall have prepared for submission to the members of the council a statement of the condition of each department budget, and such other reports as may be required of him. At the close of the year, he shall submit to the members of the council a complete report of the budget transactions of the year.
(Ord. No. 2994, § 9, 5-23-00)
Sec. 2-180. Proposed expenditures compared with other years.
The mayor in the preparation of the budget shall place in parallel columns opposite the various items of expenditures: the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year.
(Ord. No. 2994, § 10, 5-23-00)
Sec. 2-181. Budget a public record.
The budget and all supporting schedules shall be filed with the city clerk, submitted to the city council and shall be a public record. The mayor shall provide copies for distribution to all interested persons.
(Ord. No. 2994, § 11, 5-23-00)
Sec. 2-182. Notice of public meetings on budget.
During the month of July, the city shall conduct public meetings regarding the needs of the City of Springdale. Data collected at the meetings will be compiled for consideration during budget development. Copies will be made available to council members. After October 15, draft copies of the proposed budget will be available to the public on the city's website, public library, and city administration building.
(Ord. No. 2994, § 12, 5-23-00)
Sec. 2-183. Budget timeline.
The mayor, administration and council shall follow the timeline set out below:
RESERVED*
FINANCE*
GENERALLY
PURCHASING
ANNUAL BUDGET PROCEDURE
| On or Before | Activity |
(Ord. No. 2994, § 13, 5-23-00)
Sec. 2-184. Proceedings on budget after public hearing.
As a result of such public meetings and work session discussions, the city council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fixed by law, but where it shall increase the total proposed expenditures, it shall also provide for an increase in the total anticipated revenue to at least equal such proposed expenditures. The goal of the December 10 adoption date each year, is to allow city staff sufficient time to input changes into the city's computer system before January 1 of the following year.
(Ord. No. 2994, § 14, 5-23-00)
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