CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance amending Section 25-20 of the Code of Ordinances of the City of Texarkana to expand the pool for potential members and to update provisions concerning filling vacancies on the Advertising and Promotion Commission. (BOD) (Third Reading) (This item was added to the agenda at the request of Director Tim Johnson.)

 

AGENDA DATE:  September 18, 2017 (First Reading August 21, 2017) (Second Reading September 5, 2017)

 

ITEM#: 

DEPARTMENT:   Board of Directors

DATE SUBMITTED:  06/13/2017

PREPARED BY: City Clerk Heather Soyars

SUBJECT: Ordinance amending Section 25-20 of the Code.

EXHIBITS:  Ordinance

APPROVAL:

 

(This item was added to the agenda at the request of Director Tim Johnson.)

EXPENSE REQUIRED: 0.00

AMOUNT BUDGETED: 0.00

APPROPRIATION REQUIRED: 0.00

SUMMARY: Ordinance amending Section 25-20 of the Code.

BOARD ACTION: (This item was added to the agenda at the request of Director Tim Johnson.)

EMERGENCY CLAUSE: none requested.

 

 

 

ORDINANCE NO. _______

 

AN ORDINANCE AMENDING SECTION 25-20 OF THE CODE OF ORDINANCES FOR THE CITY OF TEXARKANA, ARKANSAS, TO EXPAND THE POOL OF POTENTIAL MEMBERS FOR CERTIAN POSITIONS ON THE CITY’S ADVERTISING AND PROMOTION COMMISSION TO INCLUDE RESIDENTS OF MILLER COUNTY, ARKANSAS, AND TO UPDATE PROVISIONS CONCERNING THE FILLING OF VACANCIES OF SAID COMMISSION; AND FOR OTHER PURPOSES

 

WHEREAS, pursuant to §1 of Arkansas Act 913 of 1997, and §2 of Arkansas Act 2314 of 2005, Ark. Code Ann. §26-75-605 was amended to allow for the composition of members of a city’s advertising and promotion commission to be as follows (in pertinent part): 

(a) Any municipality levying a tax pursuant to this subchapter shall create by ordinance a municipal advertising and promotion commission, to be composed of seven (7) members, as follows:

(1)(A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county where the municipality is located.

(B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years;

(2) Two (2) members of the commission shall be members of the governing body of the municipality and selected by the governing body and shall serve at the will of the governing body; and

(3) One (1) member shall be from the public at large who shall reside within the levying municipality or in the county of the levying municipality and shall serve for a term of four (4) years.

 

WHEREAS, Section 25-20(b) of the Code of Ordinances of the City of Texarkana, Arkansas, currently requires members of the City’s advertising and promotion commission to reside within the City of Texarkana, Arkansas, in accordance with statutory requirements existing prior to the amendments referenced above; and

WHEREAS, a number of vacancies exist on the City’s advertising and promotion commission; and

WHEREAS, to facilitate the fulfillment of those vacant positions and to expand the pool of potential members of said commission in the future, the Board of Directors desires to broaden the residency requirements of members of the City’s Advertising and Promotion Commission as further set out below to allow for the members contemplated by Ark. Code Ann. §26-75-605 (a)(1)(A)-(b) and (a)(3) to include qualifying persons residing within the City and within Miller County, Arkansas; and

WHEREAS, the process by which vacancies on a city’s advertising and promotion commission are filled was amended by §1 of Arkansas Act 364 of 1993 to provide for vacancies in any of the four tourism industry positions or the at large-position to be filled by appointment made by the remaining members of the commission, with the approval of the governing body of the city, but such amendment was not reflected in the corresponding amendments to the Code of Ordinances adopted by Ordinance No. K-477, and, therefore, necessary to amend the Code of Ordinances accordingly;

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

Section 1.  Upon the date this Ordinance becomes effective, the following shall be added to the Code of Ordinances for the City of Texarkana, Arkansas, as Section 25-20(d) of the Code of Ordinances of the City of Texarkana, Arkansas:

(d)  Notwithstanding Section 25-20(b) above or any other section of this Code of Ordinances, the commission members contemplated by Section 25-20(b)(1) and (3) of this Code of Ordinances may reside within the City of Texarkana, Arkansas, or Miller County, Arkansas.

 

Section 2.  Upon the date this Ordinance becomes effective, the following shall be added to the Code of Ordinances for the City of Texarkana, Arkansas, as Section 25-20(e) of the Code of Ordinances of the City of Texarkana, Arkansas:

(e)  Notwithstanding anything contained in Section 25-20(c)(3) above or any other section of this Code of Ordinances, vacancies on the City’s advertising and promotion commission, whether resulting from expiration of a regular term or otherwise, in any of the four (4) tourism industry positions or in the at-large position shall be filled by appointment made by the remaining members of the commission, with the approval of Board of Directors for the City of Texarkana, Arkansas.

 

Section 3.  Nothing contained herein shall be intended nor shall be deemed to:  (i) end or terminate the terms of existing members of the Advertising and Promotion Commission as of the effective date of this ordinance; (ii) levy or attempt to levy any tax permitted by Ark. Code Ann. §§26-75-605, et seq., outside of the City of Texarkana, Arkansas; or, (iii) establish in favor of Miller County, Arkansas, its governing body or any department thereof, any rights in or to the city’s Advertising and Promotion Commissions fund. 

Section 4.  Except as specifically set forth and amended herein, the Code of Ordinances remains unmodified and in effect.  In the event that any portion or portions of these amendments is or are determined to be illegal, impermissible or unconstitutional by a court of competent jurisdiction, such provision(s) shall be deemed stricken, but such action shall not affect the validity or enforceability of any other provision contained or referenced herein.  The foregoing shall supersede and replace any conflicting provisions of the Code of Ordinances.

PASSED AND APPROVED this 18th day of September, 2017. 

 

 

_____________________________

Barbara S. Miner, Assistant Mayor

ATTEST:

 

_________________________________

Heather Soyars, City Clerk

 

APPROVED:

 

_________________________________

George M. Matteson, City Attorney