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HomeMy WebLinkAboutOrdinance 4077 ORDINANCE NO. 4 0 7 7 AN ORDINANCE PROVIDING A METHOD TO STAGGER THE FOUR YEAR ALDERMANIC TERMS REQUIRED BY STATUTE WHEN A MAYOR-COUNCIL CITY REACHES A POPULATION OF 50,000 OR MORE. WHEREAS, the City of Fayetteville has reached a population greater than 50,000, as determined by special federal census, and; WHEREAS, cities of the fust class having a population of 50,000 or more are required to elect aldermen for four year terms, with one of the two aldermen from each ward being elected every two years, and; WHEREAS, state law provides no method for staggering the terms of aldermen in the situation where a city subsequently reaches a population of 50,000, as stated in attorney general Opinion 97-283, which concludes that such a procedure falls within a city's powers relating to "municipal affairs", and; WHEREAS, the public interest will best be served by following the legislative preference found in Act 176 of 1959 which provided that at the general election of 1960 one alderman from each ward be elected to a four year term and one alderman from each ward be elected to a two year term until 1962 when staggered four year terms would occur. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . At the general election in the year 1998 one alderman (either position one or position two uniformly) from each ward of the city will be elected to a four year term and one alderman (either position one or position two uniformly) from each ward of the city will be elected to a two year tern. Section 2. At the general election in the year 2000 and each general election thereafter aldermen shall be elected to four year terms as set forth in A.C.A.§ 14-43-303 . Section 3. The determination of whether position one in all wards shall be two years or peeition two in all wards shall be two years in the 1998 general election shall be made by lot at . 4 rkktrregular meeting of the city council following the passage of this ordinance. .PASSED',AND APPROVED this _29th_ day of January 1998 . t r Vii' APPROVE red Hanna, Mayor , ATTEST: B- - A Z �P� 41 Traei Smit , City Clerk p¢�Ufy 0j/moo ra ORDINANCE NO. 4077 - J 077/ AN ORDINANCE PROVIDING HOD TO S THE FOUR YEEARTAGGER ALDER- STATE OF ARKANSAS I ®T yT MANIC TERMS REQUIRED BY STATUTE WHEN A MAY- I SS. OR-COUNCIL CITY REACHES County of Washin fon A POPULATION OF 50,000 , y 9 OR MORE. , WHEREAS, the City of Fayette- I, RANDALL COPE, herebycertify that I am the publisher of THE villa has reached a population Y greater than 50,000 as deter NORTHWEST ARKANSAS TIMES, a daily newspaper having a second mined by special federal cen- sus, class mailing privilege, and being not less than four pages of five and: 9 P 9 9 P 9 columns each, published at a fixed place of business and at fixed (daily) WHEREAS, cities for do first intervals continuous) Irl the Cit of Fayetteville, Count of Washington, Gass having apopulation of - y y y y g 50,000 or more are requirecto Arkansas for more than a period of twelve months, circulated and elap aldermen for four year distributed from an established place of business to subscribers and tenths, with one of the two aI- dRpnen from each ward being readers generally of all classes in the City and County for a definite price elacted every two years, and: for each Copy, or a fixed price per annum, which price was fixed at what WHEREAS, state law provides is considered the value of the publication, based upon the news value no method for staggering the terms of aldermen in the situ- and service value it contains, that at least fifty percent of the subscribers tion where a city subsequently r08ches a population of 50,000 thereto have paid for their subscriptions to the newspaper or its agents as stated in attorney general or through recognized news dealers over a period of at least six months dudesthat such a pro edu and that the said newspaper publishes an averse of more than fort dudes that such a procedure Pap P 9 Y IpW within a city's powers heist. percent news matter. leg to -municipal affairs", and WHEREAS, the public interest Mnbest be served by following thAlegislative preference found I further certify that the legal notice attached in the matter of v1 Act of 1959 which pre- sided that at the alderman n from ,^�� eachof 1980 one alderman from YELL/ LL/tt/d/ �"/ each ward be elected to a lour yy-e�a��r term and one alderman / frq'rp each ward be elected to a was published in the regular daily issue of said newspaper for two year term until 1982 when staggered tour year terms consecutive insertions as f cows, wquld occur. NOW, THEREFORE, BE IT The first insertion on the �5 da of 19 PUXn ORDAINED BY THE CITY Y COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: the Second Insertion on the day of 19 Section 1. At the general elec- tion in the year 1998 one alder- da man (either position one or po- the third insertion on the y of 19 anion two uniformly) from each wjrd of the city will be elected t9 P two year term. and the fourth insertion on the day of 19 Section 2. At the general elec- tion in the year 2000 and each general election thereafter al- dermen shall be elected to four year terms as set forth in A.C.A. § 1443-303. Publish / General Manager SLclion 3. The determination of whether position one in all words shall be two years or po. Sworn to and subscribed before me on this day of Cin two in all words shall be years in the 1998 general election shall be made by lot at lite noun regular meeting of the i dry council inthe pas- sage of the ordinance. PASSED AND APPROVED this 24tB day of January, 1998. L APPROVED: >t Notary Public, State of ArkansasNotary Public M Commission Ex ire Washington Count ; By:. Fred Hanna Mayo y p (wry ornrnustun xplres 0'2127/03 t ATTEST: ' (cccict<tct«c[cuctcc[[[[<ccu[[«< By: Jane Heth. C'iy Clerk � Fees for Printing $. ...... .. ... .. ............ ..... ....... ..... .... Costof Proof.... .. . .. .. ... . .. ... .... ... ..... ..... ... .... .... . ... .$ Total... . ... ..... .. .... .. . .. . .. ...... ............ ..... ..... ... ... ..... .$ %�