HomeMy WebLinkAboutOrdinance 1991 i
F : : Vin . .
OR RECORD
74 ri iR 15 41 27
W/, SHlidci'C?� COU-XOTY
ORDINANCE N0 . ' / 99/ A4,M 1 ?1SNS
AN ORDINANCE TO AMEND SECTION 2 - 10 AND SEE[IiFON 71.1- OF THE
FAYETTEVILLE CODE OF ORDINANCES ; TO ESTABLISH THE POSITION OF
CITY PROSECUTOR ; TO FIX THE METHOD OF COMPENSATION OF THE CITY
PROSECUTOR; AND FOR OTHER PURPOSES .
WHEREAS , Section 2 - 10 of the Fayetteville Code of Ordinances
outlines the general duties for which the City Attorney is paid
a regular salary , and
WHEREAS , the Board of Directors deems it desirable to estab -
lish the position of City Prosecutor to relieve the City Attorney
from the responsibility of prosecuting civil and misdemeanor cases
at the Municipal Court level .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 2 - 10 of the Code of Ordinances , City
of Fayetteville , Arkansas , is hereby amended to read as follows :
" Sec . 2 - 10 . City Attorney - General Duties . The duties
of the City Attorney shall be as follows :
(a) To draft all ordinances , resolutions , contracts ,
leases , conveyances , bonds , and such other instru -
ments of writing as may be required by the business
of the City .
(b ) To furnish written opinions upon subjects of a legal
nature relating to the affairs of the City Government
when requested to do so by the City Manager , an ::
administrative department head , a member of the Board
of Directors , or the chairman of any administrative
board., commission , or authority of the City .
( c ) To furnish legal advice regarding the activities of
the City to the City Manager , members of the Board
of Directors , and all other City Officials and ad -
ministrative departmen.t _: heads .
(d) To attend meetings of the Board of Directors , and
upon request by the chairman thereof , to attend any
meeting of any other administrative board , commission ,
or authority of the City .
City Prosecutor - General Duties . The duties of the City
Prosecutor shall be to prosecute all cases whether civil
or criminal involving the violation or enforcement of
City .ordinances before the Municipal Court ; to prosecute
• all cases whether civil or misdemeanor criminal cases
involving violat ' of _state laws within the corporate
MICR�FRnMs�D�
DATE oM —1978 : i.
Q(,�/: P W { 18
REEL 1
limits of the City before the Municipal , "Tuv' : nilo , -,or- -- Circuit Couris
and to prosecute or defend all appeals of any of such cases
from the Municipal Court to the Circuit Court .
Section 2 . That Section 2 - 11 of the Code of Ordinances ,
City of Fayetteville , Arkansas , is hereby amended to read as
follows :
" Sec . 2 - 11 . City Attorney and City Prosecutor - Compensation
( a ) Regular Salary . The regular salary of the City Attorney
and City Prosecutor and a regular allowance for incidental
expenses incurred in connection with the performance of
their duties , shall be established by the annual budget .
Said salary shall be full compensation for all services
required by Section 2 - 10 of this Code to be performed
by the City Attorney and City Prosecutor .
(b ) Additional Services . The City Attorney shall receive
additional compensation in the event that he is called
upon to render services in connection with improvement
districts , bond issues and other legal matters not
specified in Section 2 - 10 of this Code , and when he
is called upon to render legal services in any sit -
uation where the City of Fayetteville is involved in
a cause pending in the Circuit , Chancery , or County
Court of the State of Arkansas , or the United States
District Court ; or in appeals to the Supreme Court
of the State of Arkansas , the United States Court of
Appeals and Supreme Court of the United States , or in
any other legal proceeding not otherwise provided for
in Section 2 - 10 of this Code .
Should the Board of Directors determine that it would
be in the best interests of the City for an attorney
other than the City Attorney to render legal services
in connection with a legal matter or legal proceeding
not otherwise provided for in Sec . 2 - 10 of this Code ,
the Board of Directors may , by majority vote , retain
another attorney to render said services .
( c ) The City Prosecutor shall receive additional compensation
in the event that he is called. upon to render legal
services in connection with appeals to the Supreme
Court of the State of Arkansas , the United States Dis -
trict Court , the United States Court of Appeals , or the
Supreme Court of the United State's '.or in the event he
is called upon to render legal services not otherwise
provided for in Section . 2 - 10 of this Code .
867 ;-C 79
Y
Section 3 . That all ordinances and resolutions , or parts
thereof , in conflict herewith , including specifically Section
2 - 10 and Section 2 - 11 of the Fayetteville Code of Ordinances ,
be , and hereby are , repealed .
Section 4 . Should any section or provision of this Ordinance
be declared by the Courts to be unconstitutional or invalid , such
decision shall not affect the validity of the ordinance as a
whole , or any part thereof other than the part so declared to be
unconstitutional or invalid .
Section S . It is hereby found and determined by the Board
of Directors that the responsibility for prosecuting the City ' s
civil and criminal misdemeanor cases before the Municipal Court
is a time consuming task ; that such responsibility prevents
the City Attorney from devoting his attention to other legal
matters of the City ; that such responsibility . could be ef -
ficiently handled by the establishment of the position of
City Prosecutor ; and that the immediate passage of this
ordinance is necessary to establish the position of City Prose -
cutor . Therefore , an emergency is hereby declared to exist ,
and this ordinance , being necessary for the immediate preservation
of the public peace , health , and safety , shall be in full force
and effect from and after its passage and approval .
PASSED AND APPROVED THIS SLA DAY OF
1974 .
APPROVED :
J
MAYOR
ATTEST :
Cily CLERK
% i 867 �nui. 80
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I . PATRICK J . TOBIN , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and foregoing
is a true and correct copy of the Fayetteville , Arkansas , dU2/Qf/ ,
therein set forth , and the same is as it appears of Record in
z7 z
Volume at Page
thereof .
IN WITNESS WHEREOF , I have here-
unto set my hand and affixed my
official seal this
day ofya�g � 19�Lv.
I'
CERTIFICATE OF RECORD
4 .. . . .
STATE OF ARKANSAS ] SS ,v :•c+yYi,-a Q \
Washington County
I, Alma L. Kollmoyer, Circuit Clerk and Ex-Officio Recorder for
t ` Sr ' _
Washington County, do hereby certify fila: the annexed or fore c�r77 +
going instrument was filed for recordinmy,toff ice on the /, day >�';�` O
of —�'� �, ` ��°t -at c�c;`,:{cri/] ra/,
and the same is - �/ ••• �' �
duly recerdad in_/ record��yr6��., at pageI {
Witness my hand and seal thisAday ��tSZ`'
ALMA r0 " ' _ ER
Ci :it Clerk and
lizcorded
By DeatRv Clerk
867 rna�.
..
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CERTIFICATO DF RECOIM
Stnts of Ar'cansas ( SS
C , :f "tevi:..
;I 3--anise v. Ken.^.c(iy, City Cler'. and
.H,o - V i io rc 'er for tae City of Fayetteville,
dc. I'. );eby certi`. •- £tat the annexed or fore-
;;cc r is of record i .t my office and the same ap-
„' q pr irs in Oreii;ainca Resolution book
1 v
• ' at Page D 9_--. Witness my
hand and seal this clay of
, 19 .
City Clerk and Esd) `itio recorder
STATE of ARKANSAS 1
County of Washington
S
V-
3 ueInoN i, , hereby certify that I
o ' To !Fix THE am th Pu Isher •of HE NORTHWEST ARKANSAS TIMES, a daily
-O holt or THR
T� FOR OTTER newspa er having a second class mailing privilege, and being not less than
s in nl e,e FAygtwllN four pages of five columns each, published at a fixed place of business and at
the Pa fixed (daily) intervals continuously in the City of Fayetteville, County of
AV.01=
Washington, Arkansas for more than a period of twelve months, circulated
or nIh 11n
e,w Dland distributed from an established place of business to subscribers and
finv_ Ids
cmor to ram readers generally of all classes in the City & County for a definite price for
• r.aemnbw,tY
c1aamtmtaIKIN each copy, or a fixed price per annum, which price was fixed at what is
"1p I ii M considered the value of the publication, based upon the news value and
i rrs"64MIPPAIM
service value it contains, that at least fifty percent of the subscribers
t ,uAh: p thereto have paid cash for their subscriptions to the newspaper or its agents
mrr"n ?-)nEtr1Ya or through recognized news dealers over a period• of at least six months ;
.,.,,,ceded N LTad and that the said newspaper publishes an average of more than forty percent
news matter.
fol I further certify that the legal notice hereto attached in the matter of
n'.I ormrnmee.
r.n'ore .,L.-
------- e 12 Q L - —
in :nem ,.l , ,.. /
M�wmtr�oa,er, was published in the regular daily issue of said newspaper for
"noslM/ ° as��efs insertion/ as follows :
AmInIWAova
.n ,r,tl of ne The flret insertion on the _ S_._-. day of l�'7/a //
- . aims regarding
,atv w me . CW
urYtl the second insertion on the _ _ _ ..... day of _- 19
h
IInona nxe est the third insertion on the __ . -_ day of ..__.. 19 -__
reaany bg r►a -
.-.d any mAaang
adea board, and the fourth Insertion on the ___. day of _.___.--_..___.-. 19............
f the City- __-___
s: manta '➢r
r Brit IM
nether civil or —
n
Sworn to and subscribed before me on this _. ........._ day of .. _ ..._-. -
nd aul.LL .._
t, Iba
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1 .:.un • lL Mpe
-isnese Cay of Fayet -
totally
Aeorner and city Fm Notary Public
All C i
Allo anee for illidellial My Commission Expires :
,e of a ooWtactba aislesith 00be
. .e of awr
by tba amaal ptdgat. sae
.,,II ei face y SWUM 2- see
rt n e Pe by secdon et of
to be Pee by 0a Cal
Ind CAV\CAl nnnnl Saddit,a. The city siltory Fees for Printing _-__. {...-..�...-pC
reeene addlGnnal r mneneellop
„I eaPod anon b
he Is ., gym Int
-, ennnevU„,, Coat o[ Proof _....-.
char . . ... _-"--'----------....---
1,. , sed n Section
, 1 this bot and when lie U celled
n to render legal services in any Tota] —..
ation open . We OnJ W g
nvolvee l0 1' ayourville
"W .Ma4a ' of
it. Cesarery, or Camt�
or
III, of Arkamae. an
crate at Araar
Court of
R United
, odlW
,. of ded ( rt ,eodi
t ,
in the
, e Court of the State of Arkansas,
United States District Court, the
evd States Court of Appeals, or the
�ipieme Court M the United Booties, m
In the event he Is called upon to render
legal services trot otherwise provided for
In Section 2.10 of this Code.
Section 2. net all oedtheaces and
reselutlona, or parte thereof, in eonNet
herewith. Including apaclflcally Section 2
10 and fiction 2-11 of fhe feayeetevule
Code of Ordinances. be. and hereby are,
repealed.
w apion t. 9lwuld any secttne or
Provision of this Ordinance be declared
by the Courts to be unconstitutional or
invalid, such declalon shall net affect
the validity of the ordinance as a whole,
or any part thereof other than the part
so declared to be unconstitutional or
invalid.
. Settlor 5. It is hereby found and deter-
mined by the Board of Directors that
the responsibility for prosacuting the
criminal misdemeanor cases before the
Municipal Court is a time consuming
task; that such responsibility prevents
the City Attorney from devoting his aL
tention to other legal matters of the
City; that such responsibility could be
efficiently hanNed by the establishment )
Of the position Of City Prosecutor; and
that the Immediate possess of this oedin
ante Is necessary to establish the position
Of City Prosecutor. Therefore, an emery
sency Is hereby declared to exist, and
this ordinance, being necessary for Ne
immediate preservation of the public
Peace, health, and safety. Mall be In
full force and effect from and after Its
Passage and approval.
PAWED AND APPROVED TMS Sth
DAY OF March. 1944.
APPROVED:
RUBWM T. PURDY
ATTEST MAYOR
P J TONIN
(ITT CLFRR
ITc 25