HomeMy WebLinkAboutOrdinance 4914 U0�3 P/y 3: SI
ORDINANCE NO, 4914
AN ORDINANCE DECLARING A VACANCY TO EXIST IN
THE OFFICE OF ALDERMAN FOR WARD TWO, POSITION
TWO, CALLING AND SETTING'A DATE FOR THE SPECIAL
ELECTION TO FILL THAT POSITION
WHEREAS, Alderman Don Marr was duly elected to the Fayetteville City Council to
serve a .four year term beginning January 1 , 2005, representing Ward Two, Position Two; and
WHEREAS, Alderman Don Man has announced he has vacated his Ward Two, Position
Two position effective August 15 , 2006; and
WHEREAS, A.C.A. § 14-43-41 l (b)(1 ) requires a successor to be elected by a vote of the
electors of the ward in a special election held within ninety (90) days of the date the vacancy
occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby declares
that on August 15, 2006, a vacancy in the office of Alderman, Ward Two, Position Two, with
more than a year remaining in the unexpired term, has occurred.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby orders that
a special election to fill this vacancy and elect Alderman Marr' s successor be held on the 7`h day
of November, 2006, within Ward Two. The filing period for this election shall be from August
16, 2006 until noon on August 28, 2006.
Section 3 . That the City Council of the City of Fayetteville, Arkansas hereby directs the
City Clerk to do all things necessary so that this special election can be conducted. A copy of
this ordinance shall be famished to the Washington County Board of Election Commissioners.
PASSED and APPROVED this the 15" day of August, 2006. ��.•�F<1K/TRc�s.,,
�A, . \S Y Oe•Gp�
APPROVE ATTEST: c ; FAYETTEVILLE;
By: sy: �a � /hl ►�
''•.;NGTON G,a`
DAN COO Y, Mayor SONDRA SMITH, City Clerk
CITY ATTORNEY AGENDA REQUEST Mq\u
SPecke.\
FOR: COUNCIL MEETING OF AUGUST 15, 2006
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Declaring A Vacancy To Exist In The Office Of Alderman For Ward Two, Position
Two, Calling And Setting A Date For The Special Election To Fill That Position
APPROVED F AGENDA:
City Attorney Date
8 1'`-0j - 7 a
City Clerk Date
& 4 7 klo'4
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Mayor Date
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FAYETTEVILLE
THE CITY OF FAYETTEVIEEE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
FROM: Kit Williams, City Attorney
DATE: July 28, 2006
RE: Resignation of Alderman Don Marr
Calling Special Election for his replacement
A.C.A. § 14-43-411 (attached) sets forth the specific steps necessary
when an alderman vacates his office. Subsection (b) specifically covers our
situation since we are a city of the first class "having a population of fifty
thousand (50,000) or more . . . ."
"( 1 )(A) If the unexpired portion of the term of the
alderman exceeds one ( 1 ) year, a successor alderman
shall be elected by a vote of the electors of the ward.
The city council shall order a special election to be
held within ninety (90) days of the date the vacancy
occurs:'
Assuming. Alderman Marr resigns on August 15'n, the election could
be theoretically held on September 12'n, October 10'n, or November 7`n
Because of early voting requirements, September 12`n would be impossible
for the Washington County Election Commission. Also A.C.A. §7-5- 103
prohibits special elections to fill vacancies "earlier than thirty (30) days
following the . issuance of the proclamation." Thus, September 12'n would
not be a legal date for a special election to fill this vacancy.
October 100' would likewise be difficult to achieve although that is the
date for the annexation election so there would be little additional cost. The
general election date will probably have the greatest turnout and be the
easiest for the Election Commission. The general election date would also
give candidates more time to file and campaign for office.
"(C) Special elections held in months in which a . . .
general election is scheduled to occur shall be held
on the date of the . . . general election."
A.C.A. 14-43-411 (6)( 1 )(C).
Accordingly, I have drafted the proposed ordinance (attached)
declaring Alderman Marr' s seat to be vacant on August 15, 2006 and setting
the election for his successor for November 7, 2006. This would be the last
item of business (after his official resignation and vacation of his position)
on August 15 , 2006. If someone desires one of the other dates for the
election, you would need to amend the ordinance.
r,
1
•L"Od CL WVERNMENT N ' 14-03= 411 t
(4)•years ''on' ttieTuesday' following tee _first Monday i November 2000- and 'every -four (4)' '
years thereafter. �''- r ' - of . I - .
�(2) An-incumbent city attorneys-shallcontinue in office- -until his or her' successoris'
elected andqualified. - - ' • -
- (b)(1) If no attorney;residing in the- city 'is ,elected:as efty `attorney; the city council may
select a resident attorney to fill the office for the remainder of the unfilled term.
_ . .(2)(A)-If. no .resident attorney of •the' city is` willing_ to serve. as city attorney or if no 4:1
attorndyresides wnkhin the limits of the city, the mayor and city, council may. contract with -
any . licensed _attorney ' of this ' state or the:attorney s; firm to serve as legal advisor,
No
counselor, or prosecutor until a qualified city attorney,is,elected or qualified
(B) The duties of a nonresident attorney under contraet 'tshall ` be prescribed by <s
. .
ordinance. - .
- Acts of 200 , Act 387 §-r1,_ eff: Avog. 1.E, 2005 :, . _ --
- - : - Historical and Statutory Notes
s ..
2.005 Legislation,
'Techmcal changes were made to conform with -
the official Arkansas Code.of 1981 as approved by
thiN Arkansas Coision Commission - •• _l ,
,SUnCHAPTER 4—OFFICERS ANu ESIPIAYEES GENERN.LY � '
No
§- 34-43411 - IN
Aldermen ' vacancies ` No
Nor No . -' .W - `
(a)(1) Whenever a vacancy shall occur, for any reason in the office of alderman m any city
of We first class,''atany regular meeting after the occurrence of the vacancy; the city council ;
shall proceed'to elect by a malonty vote-of the feinammg members elected, to the`council an "
alderman -to-serve .for. the,unexpired:term .,Provided, however, it is necessary_that_ at least a ?j
quorum 'of the .whole'number:of .the 'city council shall remain in ,'Order: to fill =ayacancy. 4tl
(2) The person"elected 'bythe council shall be a resident of the ward where the vacancy ..
— No
occurs at the time of the vacancy : - - ' ' ,
(b)' When a vacancy 'occurs in anyposition of alderman in a city having a population of fifty
thousand (50,000) or more, accorduig to the most recent federal•decennialo'census, and having
a:mayor-council formlof governmentin which the electors of each ward elecOme (1).or more -
aldermen, a' new alderman shall be chosen in the following manner:- No
-
- (1)(A) 1If the unexpired portion of the term of alderman exceeds one (1) ;year, a:successor -
I too.
shallaie elected by a vote of the electors of the_ward. The city council shall order a special
election to be held within ninety (90) days of-the date,the vacancy occurs:
(B) ,The special, election shall .occur on the, second Tuesday of any, month except as
provided in subdivisions (b)(1)(B)-(F) of this.section 'a
(C) Special elections held in months in which a presidential" pi-bferentw ,piunary
election, preferential primary election, general primary -election,%or•_geneial :election is
scheduled 'to, occur shall Abe' held'-on 'the date of the presidential pieferenGal ' primary -
election, preferential primary' ;election, general primary election, or, general :election. ?;
(p)(i) If a special election is held' on the date of the presidential preferential primary
election, preferential .primary, Eelection or,general primary election, the issue or issues to cP
be voted upon at the special election shall be included on the ballot of each poetical party.No
(ii) However, separate ballotscontaining only the issue or issues to be voted bpou at . kit
the special election shall _ be prepared and made available to voters requesting a �y
separate ballot.
(E) No voter shall be required to vote in a political 'psrty s presidential preferential '
'.primary, preferential primary, or general piiinary in order to be able to vote in the
' special:election. 't. - ,. - P. -
,(F) -Special elections scheduled to 7occur iira month in which the second Tuesday is a , �i
legal holiday shall be held onthethird Tuesday of themonth;•;or '"` ' ' ;
;.7s
fF'
ORDINANCE NO.
AN ORDINANCE DECLARING A VACANCY TO EXIST IN THE OFFICE
OF ALDERMAN FOR WARD TWO, POSITION TWO, CALLING AND
SETTING A DATE FOR THE SPECIAL ELECTION TO FILL THAT POSITION
WHEREAS, Alderman Don Marr was duly elected to the Fayetteville City Council to serve a
four year term beginning January 1 , 2005, representing Ward Two, Position Two; and
WHEREAS, Alderman Don Marr has announced he has vacated his Ward Two, Position Two
position effective August 15, 2006; and
WHEREAS, A.C.A. § 14-43-411 (b)( 1 ) requires a successor to be elected by a vote of the electors
of the ward in a special election held within ninety (90) days of the date the vacancy occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby declares that on
August 15, 2006, a vacancy in the office of Alderman, Ward Two, Position Two, with more than a year
remaining in the unexpired term, has occurred.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby orders that a special
election to fill this vacancy and elect Alderman Marr's successor be held on the 7'h day of November,
2006, within Ward Two. The filing period for this election shall be from August 16, 2006 until 3 :00 P.M.
on August 28, 2006.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby directs the City
Clerk to do all things necessary so that this special election can be conducted. A copy of this ordinance
shall be furnished to the Washington County Board of Election Commissioners.
PASSED and APPROVED this the 15'h day of August, 2006.
APPROVED: �G� ATTEST:
By: ® ` By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
A}
*** *** ** ** ***** * * * * *** * **** *PRESS RELEASE* ** * ***** **** **** **** *** ** **
By: Don Marr, Alderman, Ward 2, Position 2
Date: Tuesday, July 25, 2006
On Feb 26h, 2002 one of the coldest days that year in Fayetteville, Arkansas, I
announced my candidacy for the Fayetteville City Council. I joked at the time that it
would be a cold day in hell if I ever decided to run for office, and there I was. It has been
a wonderful experience. I have learned tons during this experience, I've met people who
will impact my life for ever while making friends for a lifetime, I learned the passion that
citizens have for Fayetteville and through this time of service to our community, I feel
like I was able to make some positive impacts for the City I love.
Unfortunately, my time to serve the citizens of Fayetteville has come to an end earlier
than I intended. I have thought long and hard about this decision, because whenever you
make the decision to leave something you love so much, you need to make sure that there
is no other alternative and that it is the smoothest.and easiest transition with as little
impact as possible.
Due to upcoming changes in my workplace, I am unable to continue to serve as
Alderman for Ward 2 Position 2. I have the fortunate circumstance of being able to help
companies, and individuals living and relocating to Northwest AR with human resource
consulting and staffing placement services. The growth of our company has created a
need for me to be able to spend more time working in our business. Our company has
plans of expanding outside of Northwest AR, which will require more travel, more time
away from the city and a greater hardship on my ability to serve the citizens with the
level of commitment and time that I feel they deserve. For the last 5 + years, my work
team has had to pick up the slack to compensate for this time away. While I fully
understood the commitments to serve as Alderman, recent developments with our
business growth and new expansion have added a new pressure that is not fair to those I
work with and those our company services. As an Alderman, the time commitment is .
significant, and to do the position correctly, you must have the flexibility to meet with
constituents, attend meetings and research items without having a negative impact on
your workday. Fortunately, our business is successful and therefore requires as much
time or more for this continued success as the time required being a successful alderman.
I am choosing this time to step down in an effort to save the tax payers of the city
additional money by not having to pay over $ 12,000 to conduct a special election. By
making this announcement now, the city council can immediately call for an election and
coordinate the filling of this position with those elections already taking place this
November during the general election cycle. It allows individuals considering a run for
office to solicit signatures during the general election period, and allows the citizens of
the city the opportunity to have these individuals participate in all debates and Q&A
sessions so that they can clearly evaluate the candidates positions on key legislative
issues facing the city now and in the future.
My hope was to announce this resignation now so that those interested in serving could
file for election and run for office in the general election as mentioned above. I intended
to continue to serve the citizens of Ward 2 until the election took place this November 7a`,
2006 and then turn over the reins to the candidate that wins the election in November.
This would have allowed Ward 2 to have no gap in representation. However, after
visiting with the City Clerk's office and reviewing the State of Arkansas statute it is clear
that the law requires that the position be vacated prior to the City Council being able to
call for an election, and it is for that reason only that I announce this resignation and my
intention to vacate the position effective at the close of the council meeting August 15th,
2006. It is my hopes that the Council will immediately plan to call for a special election
to fill my position during the fall General Election scheduled for November 7h, 2006
immediately following my leaving office at the Completion of serving August 2006.
I want to thank my peers on the council for all of their hard work, their friendships and
their vision for Fayetteville. I don't believe that citizens truly understand how hard these
elected representatives work; and how committed they are to having a great Fayetteville.
My admiration for my fellow city council members, whether in agreement or
disagreement, is of the highest regard, and they are truly shining examples of the type of
leadership I believe is making Fayetteville a wonderful place to live. I fully support each
of them in their continued service to this community.
Finally, I want to thank those citizens that believed in me and helped to put me in office
through two election cycles. I can't explain how important it is to me to have that base of
support out there when you are faced with tough decisions that you hope continue to
make the City of Fayetteville the best place to live. No person runs for office with the
intentions of doing anything that they believe will harm the city. Yet no one can assure
that some vote, or some comment won't have an unintended consequence. It's the people
that continue to support you because they understand your intentions and your love for
the City that help get you through those tough times. Maybe someday in the future when
I have a business that is more mature and does not demand the amount of time that is
needed right now or when I am more mature and have the ability to retire from the day to
day requirements of the workplace, I can continue to give back to the community through
service. Thank you for your support through my time of service. I truly appreciate my
supporters and those that have challenged me to be a better elected official.
Respectfully,
Don Marr
ORDINANCE NO, 4914
AN ORDINANCE DECLARING A VACANCY TO EXIST IN
THE OFFICE OF ALDERMAN FOR WARD TWO, POSITION
TWO, CALLING AND SETTING A DATE FOR THE SPECIAL
ELECTION TO FILL THAT POSITION
WHEREAS, Alderman Don Marr was duly elected to the Fayetteville City Council to
serve a.four year term beginning January 1 ,2005, representing Ward Two, Position Two; and
WHEREAS, Alderman Don Marr has announced he has vacated his Ward Two, Position
Two position effective August15, 2006; .and
WHEREAS, A.C.A. § 14-43-411 (b)(1 ) requires a successor to be elected by a vote of the
electors of the ward in a special election held within ninety.(90) days of the date the vacancy
occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section L • That the City Council of the City of Fayetteville, Arkansas hereby declares
that on August 15, 2006, a vacancy in the office of Alderman, Ward Two, Position Two, with
more than a year remaining in the unexpired term, has occurred.
Section 2 . That the City Council of the City of Fayetteville, Arkansas hereby orders that
a special election to fill this vacancy and elect Alderman Marr's successor be held on the 71h day
of November, 2006, within Ward Two. The filing period for this election shall be from August
16, 2006 until noon on August 28, 2006.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby directs the
City Clerk to do all things necessary so that this special election can be conducted. A copy of
this ordinance shall be furnished to the Washington County Board of Election Commissioners.
,p+�aumnr
PASSED and APPROVED this the 15"'
day of August, 2006. NGS /TR ''
�` �W g/� 66 �I �� ''`��• T Y OF ••
APPROVE : ATTEST: _ * FAYETTEVILLE *
9s' 9RKANSPC3
/'GTON C
By: 74 By:-40AA1
DAN COODY, Mayor SONDRA SMITH, City Clerk
r
Arkansas Democrat ( xette a
- - -
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
(Lowell) and Pulaski County, Arkansas and that from my own personal
knowledge and reference to the files of said publication , the
advertisement of:
Ordinance 4914 y ORDINANCE NO. 4874 '
1 AN ORDINANCE DECLARING A VACANCY TO evl le
Was inserted in the Statewide Editions on EXIST IN SITE OFFICE OF ALDERMAN FOR WARDSye
TWO, POSITION TWO, CALLING AND SETTING A
August 251 2006 DATE FOR THE SPECIAL ELECTION TO FILL THAT
POSITION A q KA N S A S
Publication Charge: $99 . 65 WHEREAS, Alderman Don Marr was duty elected
to the Fayetteville City Council to serve a tour year term beginning January 1, 2005, representing
Ward Two, Position Two: and
1 WHEREAS, Alderman Don Mart has announced he has vacated his Ward Two, Position Two pool
Subscribed and sworn to efore me f tion effective-August 15. 2006: and
I WHEREAS, A C.A. § 14.43-411(0)(1) requires a successor to be elected by a vote of the electors
Th � day of ZOO of the ward In a special election held within ninety (90) days of the date the vacancy occurs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
/ FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby declares that on August
J15, 2006, a vacancy in Ne oHlce of Alderman, Ward Two, Position Two, with more than ; year remaln-
NotaPublic nginthe unexpired tern, has occurred.
ry Section 2Thai he City Council of the City of Fayette lie.Arkansas
he eby orders that a sPeria] stet- S
tion to till this vacancy and elocCAlderoan Marcs-successor De held on the 7th day of November,
2006, within Ward Two. The filing period for this election all be from August 16, 2006 until noon I
on August 26, 2006. = p=
Sect on 3 That the City Council of the City of of Fayetteville, Arkhereby directs the City Clerk to
do al things necessary so that this special election can be conducted. A copy of this ordinance
l
My Commission Expires: shall ba :gin shed to the Washington County Board of Election Commissioners.
PASSED fund APPROVED this the 15th day of August, 2006.
li APPROVED: ATTEST:
Sharlene D. WillialDABy:
By,. SIA�Tx, c�Yclatx
Notary Public D- ` _- - —
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
AUG 2 9 20CS
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Arkansas Democrat (gazette
. .
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, ( Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Public Notice
Was inserted in. the Regular Editions:
October 26, 2006
Publication Charge: $84 . 32
Subscribed and sworn to before me
ThiN day of p -&U j 2006 .
Ta e :(+:O_^-:- b.^A rT.'x Am.. ^- . __.
PUBLIC NOTICE
a: CITY OF FAY8TT8yR M, ARKANSAS -
'11 ali . PROCLAMATION
Nota Public lllQUl }DFFICII F HE REBULTF- ELECTION
Notary yDFFICE OF THE MAYOR THE CITY aF a eV� le
s- FA►8TT8VILLB. ARNANEA6 ` '
. �+
{� 9'k4 1i �rSrk+�snwt ARKANSAS 'r ••.
TO THE PROFILE OF THE CIT/ OF FA1/8T- •a Y A
TBYILLE. IRBAN %IREBTINOBr -; „t . W i
My Commission Expires: eAs a Special Electlanwonas neSd October ;0. 2006. to detemtlne whe he eppa mea
aores`contlguou's to the "10T clry llrift should be annexed Into the City of Fayensvllle;
MOM s by]"FOR8 I Oari Coady bteyoF of t116 to b of Fere sults of, by OoD of Ina&uttrorlSpecia-
bd In rtie bylaw tlo heieby Oroclelm Ihe'tolbwing lobe the resuas of the October 70, 2006 Special
Sharlene D. Williams IIIEenoN'ONEr w
FOR annaxetlon 06 the Clry of Fayens Wlie�o -ths territory described in Ordinance No.
Notary Public A888
State of Arkansas Za5 YAY4INET ennexat on into the Clry of Fayenevilie of thetenitory Jescdbed ill Ohd nande '
N0. 88
My Commission Expires wiTi1 rd day CtD I he a nereun o tel m hens and Cause O lna seal a my office to be
October 1R, 201 pied thie23itl Beya 0ctobe , 2006.
N GOODY, 1118yeir .
SEC E iV ED
OCT 2 7 2006
CCITY CLERK'S OFFICE