Copyrighted by the City of Springdale & Municipal Code Corporation, 1998.
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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.
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OFFICERS AND EMPLOYEES*
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