CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

AGENDA TITLE: Adopt an Ordinance to set the date for the special election in accordance with the referendum petition of Ordinance No. M-130. (CCD)

AGENDA DATE:  April 4, 2016

ITEM#:  11

DEPARTMENT: City Clerk Department

DATE SUBMITTED: March 23, 2016

PREPARED BY:  Heather Soyars

SUBJECT:  Set date for special election

EXHIBITS:  Ordinance

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:  This is an ordinance to set the date for the special election in accordance with the referendum petition of Ordinance No. M-130.  The petition requests a special election to be held on June 14, 2016; or as otherwise determined by the Board.  In no event shall the special election be set more than 120 days after certification of sufficiency by the City Clerk.  Special elections called in June of an even-numbered year shall be held on the fourth Tuesday of the month, which would be June 28, 2016.

BOARD ACTION:  The City Manager and staff recommend board approval.

EMERGENCY CLAUSE:  An emergency clause is requested in order to comply with applicable law, and to provide Miller County and its Election Commission the maximum time available to undertake election preparation duties.

 

 

ORDINANCE NO. ________

 

AN ORDINANCE CALLING AND SETTING A SPECIAL ELECTION PURSUANT TO REFERENDUM PETITION ON ORDINANCE NO. M-130; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.

 

WHEREAS, a referendum petition has been submitted to and deemed to be sufficient and certified by the City Clerk for referral of Ordinance No. M-130 to the people of Texarkana, Arkansas; and

WHEREAS, said petition does request a special election “to be held on the 14th day of June, 2016 or as otherwise determined by the Board of Directors of the City of Texarkana, Arkansas[;]” and,

WHEREAS, pursuant to Ark. Code Ann. §7-11-201, it is the intent of the Board of Directors of the City of Texarkana, Arkansas to call a special election, keeping in mind that in accordance with Ark. Code Ann. §7-9-111(h) “[m]unicipal referendum petition measures shall be submitted to the electors as a regular general election unless the petition expressly calls for a special election. . . . [I]n no event [shall the special election be set] more than one hundred twenty (120) calendar days after the date of certification of sufficiency by the municipal clerk[.]”; and, further, Ark. Code Ann. § 7-11-205(a)(1)(B)(ii), which requires that a “special election called in June of an even-numbered year shall be held on the fourth Tuesday of the month[;]” and

WHEREAS, the fourth Tuesday in June of 2016, an even-numbered year, is June 28, 2016;

NOW THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Texarkana, Arkansas:

Section 1.  There be, and there is hereby, called a special election to be held on Tuesday, June 28, 2016.

Section 2.  The question as set forth in the petition for which the election is called is, “For or Against the Repeal, in its Entirety, of Ordinance No. M-130 – An Ordinance Establishing an Anti-Discrimination Policy for the City of Texarkana, Arkansas; and for Other Purposes.

Section 3.  The Ballot Title, as set forth on the petition is, “To Repeal, in its Entirety, Ordinance M-130 – An Ordinance Establishing an Anti-Discrimination Policy for the City of Texarkana, Arkansas; and for Other Purposes.

Section 4.  Pursuant to Ark. Code Ann. §7-9-117 and unless determined otherwise pursuant to the authority of Miller County, Arkansas, or the Miller County Election Commission, the title and question shall be placed on the ballot in substantially the following form:

FORM OF BALLOT

SPECIAL ELECTION ON ORDINANCE NO. M-130

in

THE CITY OF TEXARKANA, ARKANSAS

JUNE 28, 2016

BALLOT TITLE:  To Repeal, in its Entirety, Ordinance No. M-130 – An Ordinance Establishing an Anti-Discrimination Policy for the City of Texarkana, Arkansas; and for Other Purposes.

 

QUESTION:  Vote FOR or AGAINST the repeal, in its entirety, of Ordinance No. M-130 – An Ordinance Establishing an Anti-Discrimination Policy for the City of Texarkana, Arkansas; and for Other Purposes.

 

            FOR REPEAL OF THE ORDINANCE NO. M-130. . . . . . .  [  ]

            AGAINST REPEAL OF THE ORDINANCE NO. M-130 . . [  ]

 

            Section 5.  In accordance with Ark. Code Ann. §7-11-203, the City Clerk is directed to file a certified copy of this document with the County Clerk of Miller County, Arkansas.

            Section 6.  The Board of Directors hereby determines that, in order to comply with applicable law, and, further, in order to provide Miller County, Arkansas, and its Election Commission with the maximum time available to undertake election preparation duties, an emergency is hereby declared to exist and this ordinance, being necessary for the immediate preservation of the public, health, safety and welfare shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED this 4th day of April, 2016.

 

__________________________

Ruth Penney Bell, Mayor

 

 

 

ATTEST:

 

 

__________________________

Heather Soyars, City Clerk

 

 

APPROVED:

 

 

__________________________

George Matteson, City Attorney

 

 

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