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HomeMy WebLinkAboutOrdinance 2347 I ORDINANCE NO . x3417 IF I L E D FOR Rr l l). �t 4, AN ORDINANCE CREATING THE NORTHWEST ARKANSAS CENTER Z. 2 � CENTER BOARD OF TRUSTEES ; PRESCRIBING THE DUTIES SIBILITIES OF SAID BOARD ; AND FOR OTHER PURPOSES , WnSHIidGM4 C,,OO�SM4TY BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THXtAgLL`tttl' ER FAYETTEVILLE , ARKANSAS : CIRCUIT CLERK Section 1 . The Board of Directors of Fayetteville , Arkansas hereby officially recognizes and establishes the NORTHWEST ARKANSAS CULTURAL CENTER BOARD OF TRUSTEES ( the " Board " ) for the purposes of operating a center for the meeting and serving of the educational and cultural needs of the people of Fayetteville , and the people of Washington County and other counties within the Northwest Arkansas area . Section 2 . The Board shall consist of eleven ( 11 ) members having three ( 3 ) year terms except as hereafter provided . Four ( 4 ) members of the Board of Trustees shall be representatives of the arts , and seven ( 7 ) members shall be representatives of the general community . Vacancies on the Board of Trustees shall be filled by the Board of Directors of the City of Fayette- ville , Arkansas . Section 3 . ( a ) The initial Board of Trustees shall consist of the following members who shall serve until their successors are appointed : TRUSTEES TERM Linda J . Welch 1 yr . Barry Hanstein 1 yr . Betty Lighton 1 yr,� N Doris Drake Wigglesworth 1 YM- 3:r o = Dr . Patricia Romanov 1 y .sem y z �) Maxwell Worthley 1y� .oz� N Carolyn Newbern 1 y�;Nr, to f7l Nita Jacks 1 Y? ��c � r1l m o Three ( 3 ) members to be selected by the = , 7 CD Fayetteville Board of Directors 1 yr . < r,) N ( b ) Successor members shall serve for terms as ti CD follows : 3 members 1 yr . 4 members 2 yrs . 4 members 3 yrs . Section 4 . The Board shall have the following duties , purposes , powers and responsibilities : ( a ) The activities carried on by the Board shall be charitable and educational in nature , including the promotion of art , cultural education and performance , as such terms are set out and defined in Section 501 ( c ) ( 3 ) of the Internal Revenue Code ; the manner in which these needs are met shall be within the discretion of the Board of Trustees of said Board ; (b ) The Board shall have the authority to receive dues , contributions , or any other funds , monies , assets , or the like , including the authority to carry on fund raising drives or activities , but under no circumstances shall any part of the net earnings of this Board inure to the benefit of any private individual ; ( c ) No part of the activities of the Board shall relate to the carrying on of propaganda , or otherwise attempting , to influence legislation , or to the partici- pation or intervening in any political campaign on behalf of any candidate for public office ; 934 MICROFILMED DATE OCT 1 7 1971 REEL . 2- M The Board shall operate and exist for the public good and for no other purpose ; ( e ) The funds of the Board shall be controlled by it , subject to the reporting and auditing required of public bodies , and in this regard , the Board is authorized and directed to pay from its own funds reasonable compensation for services rendered , and to make payments , contributions and distributions in furtherance of its stated purposes ; provided , however , that upon termination of the existence of the Board , all funds in the Board ' s accounts or assets of the Board shall be returned and turned over to the City of Fayetteville , Arkansas , after proper accounting . ( f ) The Board shall not have the authority to obligate the City of Fayetteville by borrowing funds or otherwise incurring indebtedness without the prior approval of the Board of Directors of the City of Fayetteville . Section 5 . The Board is expressly created and organized to officially bring its activities within the provisions of Section 170 (b ) (A) (v) of the Internal Revenue Code . Section 6 . The affairs of the Northwest Arkansas Cultural Center ( the " Center " ) shall be administered , managed and operated by the Board subject to the limitations and provisions of this ordinance and of any other ordinance having application thereto and the laws of the State of Arkansas . Section 7 . The objects and purposes to be carried on and fostered by the Board of Trustees of the Center are as follows : ( a ) To provide and operate facilities serving Fayette- vil ]F , Washington County and Northwest Arkansas , for the practice , teaching , performance and enjoyment of the arts ; (b ) To encourage participation of area residents in its programs and to promote cultural growth of the area ; ( c ) To provide opportunities for the citizens of this area to be exposed to the arts through practice , display , teaching and performances ; (d ) To cooperate with other educational institutions and groups having similar aims and purposes . Section 8 . Neither the Board nor the Center shall become involved in any way in the political campaign on behalf of any candidate for public office . Section 9 . The funds of the Center shall be controlled by the Board subject to the reporting and auditing procedures and requirements of City Commissions . Upon termination of the Center at any time or for any reason , all of its funds and properties shall belong to the City of Fayetteville , Arkansas : Section 10 . The Board of Trustees is hereby expressly authorized : ( a ) To make By-Laws for the management and direction of the affairs and business of the Center , and to amend , alter , add to and repeal the same so long as they are not in conflict with any of the provisions of this ordinance or of any applicable law of the State of Arkansas . 934 625 - 3- (b ) To provide for officers to be elected from among their number ; to elect such officers ; to appoint an Executive Committee from among their number which shall have and may exercise all powers of the Board between meetings of the Board except the power to alter or amend the By-Laws or to elect officers ; (c ) To employ a Director and such other employees as they may find necessary and appropriate for the ad- ministration and management of the affairs of the Center commensurate with funds available for that purpose and to set the salary , benefits , conditions and terms of the employment of all such persons , and to terminate at any time such employment . (d ) To set and supervise the policy for the operation and maintenance of the physical assets of the Center ; (e ) To adopt budgets and provide for disbursements of all funds under the control of the Center and to make or authorize its agents and officers to make in its behalf such contracts relating to the affairs , business or property of the Center as shall not contravene any of the restrictions or limitations herein set forth and contained ; ( f ) To accept or reject gifts to the Center upon whatever reasonable basis they shall determine . Section 11 . All ordinances or parts of ordinances in con- flict herewith are expressly repealed . Section 12 . The Board of Directors hereby determines that the immediate establishment of a Cultural Center Board of Trustees is necessary for the public welfare and that the passage of this ordinance is necessary to establish said Board . Therefore , an emergency is hereby declared to exist , and this ordinance shall be in full force and effect from and after the date of its passage , PASSED AND APPROVED THISDAY OF 1977 . APPROVED : J; � AY(� , MAYOR f` \�v ATTEST:Fr r V :• ♦ j i OF CERTIFICATE OF RECORD CIT,Y`'CLERK State of Arkansas '•� , • • City of Fayetteville SS I, Darlene Westbrook, City Clerk and Ex- Officlo recorder for the City of Fayetteville, do hereby certify that the annexed or fore- going is of record in my office and the same appears In u A4t ' &, E .— book _7Z at page 0769 . Witness my hand and seal this 023 day of 1977 City Clerk and Ex-Officio Recorder x CERTIFICATE OF RECORD STATE OF ARKANSAS ISS , ,•• ' Washington County ] I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washin,+ton County, do hereby certify that the annexed or ra- going ' strument was filed for rf�cDr in Office on the .r�ay of 19Z�D�Jclorl►_. , an the sa is �/ duly .,o;derl in_�/s.o� record_ at pagc7 Witness my hand and seal th'^ day of 19,'22• Circuit Clerk and Ex- ific' corded/ g Duty Clerk t Dann} fit 4: ♦• a r IT W.1 o Ind Sored by the IN noon >. ('e cit .. . 0 I 1 cancer aro STATE of ARKANSAS KaNss NORT Aa1T ARITI ti CEN IBR BOARD OF 'IT . n d " perate facilities County of Washing�On � BR. wRFBCRmINC THE AN ! n , e- tea .le., waahington RESPDNSHRUT! KS OF :.A ' I � R9an11 1 An , •, .1 S"'Drefo Arkansas, for AND FOR OTHER PITRPONES, the practice, teaching performenre BE IT ORDAINED BY THE BOARD and enjoyment of the arta; 1//•.fe�' r �` 1f.f, OF DIRECTORS OF THE CITY OF illi To encourage participation of Iolok f/yY. , 1 hereby CeTCt( LhBC I FAYFion 1. The eR d of Di arae mdde is b its programs anti - - - Y Y 9ssttev t. Ar nsard er Directors or b Promote culture[ Growth of the am the Publisher of THE N THWEST ARKANSAS TIMES, a daily Fene[testbe, and Arkansas hereby off NOly a»e: eacegnizq Gee meabnane. en NOR TO TO Proa;ae mPmnmean AT anal newspaper having a second class mailing privilege, and being not lase than T H W CBT ARKANSAS CULTURAL citizens or this area to be 10o ad four pages of five columns each, published at a fixed place of business and at CENTER BOARD OF TRUSTEES (the to the arts through practice, dbplly, •'Board) for rb w»ore it operating teaching eH performance; a fixed ( daily ) intervals continuously in the City of Fayetteville, County of a Sent BUT the massage l Led amyieg on To cooperate with ranm e Rho edm &Ano and to4aal nemg aducatkinal estitnaona and MUM Washington, Arkansas for more than a period of twelve months, circulated nt tlr psoas►ooff Hyattsville, am the having similar more and sentiment, and distributed from an established place of business to subscribers and ard Lear the mP�rwIkda %e No�otl Amort rhea Canter shall Neitherfisselon A. the h bvWVed hereaders generally of all classes in the City & County for a definite price for area. I way in the eotttecd CMPnm onlbehau each copy, or a fixed price per annum, which price was fixed at what is Sam= sales Board shall .oris of lir eandl"a She public -affiw efrelewe fID ssbme Barron three seat'" & The trate of th9 Calder considered the value of the publication, based upon the news value and 777 sKoapt r Watts elle b tvrarDem P14viftd FUWI Heb danmkra of the Ie the spr=ee anby ** Based Settled e regRMe, pror . service value i[ contains, that at least fifty percent of the subscribers Bdard lir Laemm deaR be reason- and re minnrl• m at sandbagged. thereto have paid cash for their subscriptions to the newspaper or its agents tativm of M' army and Mia (7) Cme Bar, aria df W CMAW at �my mathere � b eeeda�am d m 4vra'ee der, ow. t j.aR d it-nHa or through recognized news dealers over a period of at least six months ; general eesmaWo•Aegrfm ee than orra tiredness, �Managed. b lir Coy and that the said newspaper publishes an average of more than fort lir Fpetgv0. he eta: P B Y Percent Bears d Tr goo "meSth CR by Seabee le. The norm •m 'hcentea news IDBLCeT. the Bode K " of the CRY d y hetahy oagyal➢ raaherMdr r Fayettevilbry - ra) To mall B . sear ion g. (J .a th span d etaeasemeas ped aleya�mi'dTm� mat- from I further certify that the legal notice hereto attached in the matter of �rateegg�.,q�11 tomos M the NBcxine mae�ssts �}w ash atmme unel their fain add baWme at IM CeoM1b�,t TRUSTQB Pp Units J. Watch TERM to � y the ere not �l :bre m 'a d 'T fb same ! yrt N m°rant taWt Dtovlebna /� Barn Hansti in of the ordaraceee or of any applicable _-......._-.--..�1�.._---_.._--_-_ ..7. ...-.._ - 1 n' law of them State of Arkenses. Beta' WgM1bn 1 yr on) To norris Drake Welijeaaorda 1 R druWm far PfRn*s to be was published In the re _ ci . Paton Reeaeee t thy, elated bora among their number, to P gU18T daily Issue of said newep8per f0r._. ._ �•. •.sv;l Worahev 1 yr Batt awn omcma: In appoint an aggBellutive InsertionScas follows : ' Irvin. N,wb Executive Committee from amon . �.+ Jacks j IT: their vumbm, wbleh Wall have and ' free (g) raertibms V b ee1ec/H may exercise all posron of the Board / de the betWeee meeings of the Baty except The first insertion on the - - Y of ter--__._. 19_ !1... .>:tevnle R.wrd of Drennan 1 yr. the power b alter m mnevd the By O At Succemmr mambero .Wan arae fawn On to elect officers; lean.) as "Iowa: (n) To employ a 0"" and such the second insertion on the day of .. . _. 19...........- • nto� The / Yom" Beard snail San ' Debt entplAnd as they may Sod Alemhefa, 1 y aloe he IMT da' s Yr�p m ad itolet If rho oandpte rcc �m the third insertion on the _. day of . ..... _ ...._ 19 p ate 9bgrse, g Yrs � ' .-------- LIA opecter I Ixiblfdes anonwand Oenne otothe tem) fir marl and the fourth insertion on the day of .______--.......-_ 19-------_- arcaew Lech K the Maty: bthat pr ran. a) The aelvmea carried on by to 1� P Y -lie b any . add Of aat aH t apSh�emOtov lu le rmloetei mmtia m air., cWtmal the dITo wt and al etsd. � te education Ina dN Ise the poney el mrfommav, as n km are ^peret.in aM mainlenarom e Out and delbH in v RII Ire PnYslcel sewn of the Curler; 0 (3) or the inleta�f (e) 1F adopt btldgdla aH provide manner ra fa :;n for �"b1°*amaeq of at[ frm oath Sworn to and subscribed before me on )hate _.__....a xrV b alta); the mykol or th1 Ge1m Led to mall 0......_- da] Of _-_-..-..._ the Beard of nr aeMwlre e, afrme aid )(aceta T releee of said to make In its behalf rrle[in such mems arc 1 ydid aotld shell nava the K b the Center s sham ass upon°, or any Other Wfunds. � Ofthe 01 1 a of [rte Center rte spall rt -' --"-'"""---'------'-- - "------""- 19- e`-- to mac est r� m any n rhe, on ttmtreveM rag of [M1e "at ion rr araMrity b rade tluaa. my t�Hlbr hvein gel forth, and p1A' dg s(/[C!/Y✓LiK- lift but a this a or 41r Ifbn, InHHine elm � anY m band scams M To ac Dept or »tat a1M rb --__ .---.-----_--_----.._ 04rraprtaaeae Wel news Ceheir moo determine. »aeroaMa N Pabllo pard than alAlll tie finance . Wa b9 No Wi teen private individual;of s 11. All ordilet he or wi (c)Board part of the it* c ri of of mm]Y ordinances b eoeflle herewith a» I ern oltromd anau i d o to tha carrying ex Scram 1"p°Me MY Commission Expires : ptdas Inn , or ebmrvien A' Scrim le. )be Aram d•.-pnFetot„ . teethe l m foc.,nece lalalatla, se. hereby mem Of A, that tb Immetllete to the p.Vlic ratr.�n r rnervmipe is esteninhmee or a cut any political campaigd an behalf of of TTwlee3 is mesa ry for tlN'•ppbtle any valdimte for cWaic office: welam and Blot the pr.to Wf� uo to) The Board akel operate and ominadce is pmea.Yary b ratably yb ether for the Whoa goH ar der a new Tnmetorta an wnerldney Y argust y e.emtna m 1� Fees for Printing tat TVA hem Of 1319 Boom all es sshA9'be i ~"' •aan��!°•� � ng -------- j..._.--------- b mmtrdM by K, subject for the ?or and altar•- the rale Rim pd� "n mdertlr aced auditive »yubM of DAY��t�tYdlfmAPpBOY1rD y8y1H Coat of Proof _..._-._----- {._.....--._. Will,' bodies aid w IL • rv'Ka;d. •hc naiM o Lis PAT, and tirade. ie APPlincE r pay tram is PAT, lunM rrence m Eternal E. l MAYOR Total ran))e•neatbn err Si rentleretl. MAYOR --"'"""" i--------------- and !. make po)ments, romributinns DaplATTEIP and ulslrlbmiona 4 furinerame a( its CITI a weibenpss StaledI Tic CLERK purpmma; Provided ohxiatehowever ] Tc I that T Bo rd. as foe of the a>daleere r Of the Board, db foods L the eoamss _- City-anyos m Lassie m tb9 Boom Shan rte rammed ttN mmH over m the Cly of Fayetteville, At4enese, atter proper ThBoard accounting. 1hr , Board gate Out have W authority b autobligate the Cly of .Fa}'ettm'Ib by brnwhe &Moth or oNnsvia Ipriorla iade4f the Board the prior sof the of the Boer'. of m»cmra of the City of Fareltemle. Section 5. The Board is espready, meats and organ to mrfirIa¢' brig me auut "tla wain the Reoviraon. of Sections 179 (h) (A) DO at the BderW v Wee Qda. Bme(na S. The a hats at thn Northtral l Ark= Katlmrl Cour Itha '•Geer) ahaS beaWltlssteeaa, ataram end 9Pmabd by the loam atWlaI b the limn ms and previsions n this AT, ftmee and of any our otdlner, bvita injurb Lion therNo aH the laws of the Rate of Arkats . Lase 7. The objects aH pueposes