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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�. .. fp P 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 - . r.: . i yeti. ✓ '-�� ` 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