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Ordinance 5759
ORDINANCE NO. 5759 AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. Page 2 Ordinance No. 5759 (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14- 14-917 (d)." PASSED and APPROVED this 7w day of April, 2015. ATTEST: By: '440n r 'v- & A-11" SONDRA E. SMITH, City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain Street -y Fayetteville, AR 72701 - (479) 575-8323 Text File File Number: 2015-0008 Agenda Date: 4/7/2015 Version: 1 Status: Second Reading In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 2 ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS: AN ORDINANCE TO ENACT ARTICLE Ili PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions City of Fayetteville, Arkansas Page 0 Printed on 9/2912015 File Number., 20150008 Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14-14-917 (d)." City of Fayetteville, Arkansas Page 2 Printed on 9/29,2015 Legistar ID No.: .20e 15— CWO 8 AGENDA REQUEST FORM FOR: City Council Meeting of January 20, 2015 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM APPROVED FOR AGENDA: City Attorney Kit Williams Date Paul Becker, Finance Director nkt4vp^tY S. ZD15 Date � S� aoii Date ae 1�llsb1,'r��iVtC--t,f1C� (�_ f UID 1'xA11 Of MIN 0 , 1 $ DV! ' k � n A PtD n .t� �wlt �oux�cLt nth Co � Z-3 0 -TA - �11S;)Yt Af i-'tv-e u"Iti Nuobd r . DEPARTMENTAL CORRESPONDENCE mr� OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Assistant City Attorney City Council FROM: Kit Williams, City Attorney DATE: December 23, 2014 Patti Mulford Paralegal RE: Avoiding future litigation over ballot language for initiated or referred local legislation Prior to the recent referendum concerning the Civil Rights Administration ordinance, Fayetteville had not been forced into any litigation over a referendum's or initiative's proposed ballot language. Referral of the Road Impact Fee and Smoking Ordinance complied with the tests set forth for state legislation referendums and initiatives {A.C.A. § 7-9- 107 (c)} and the forms set forth for county ordinances {A.C.A. § 14-14-917 (d)}. However, neither of these statutes are controlling over the referendum or initiative of city ordinance because Amendment 7, now codified as Article 5 § 1 of the Arkansas Constitution places procedural power in the City Council. "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation." This is only a general grant of procedural power to municipalities which must still follow other provisions of the Arkansas Constitution regarding how many signatures of local voters need to be obtained and the time period for the petition sponsors to gather such signatures. Other constitutional procedures including submission of the petitions of the City Clerk, the Clerk's examination and decision regarding the petitions 1 sufficiency and the granting of additional time to the sponsors must be followed and cannot be varied by local legislation. In order to avoid future litigation, to bring our procedure in line with state and county referendums and initiatives, and to eliminate potentially misleading wording in referendums rejected by state law {A.C.A. § 7-9-107 (c)}, I have drafted a proposed new section to be enacted into Chapter 36: Elections of the Fayetteville Code. This proposal is attached to this memo. This proposed ordinance is one of the rare times that I believe it is appropriate to have any legislation proposed by an elected official other than an Aldermen or the Mayor (through his staff). I believe I am empowered to present such ordinance because it concerns a legal issue for the Fayetteville Code and especially because it generated litigation in which Fayetteville was recently sued by opponents of a referendum in Circuit Court. That suit brought to my attention the need for local legislation as authorized by Article 5 § 1 of the Arkansas Constitution to clarify proper procedure and wording of any initiative or referendum of local legislation. As you see, I placed a difficult, but obtainable burden on myself and my successors as Fayetteville City Attorney to quickly examine, analyze and either certify or correct any proposed initiative or referendum petition within two business days. Such rapid analysis is always necessary for referendum petitions and could be necessary for initiative petitions. Please review my proposed ordinance and let me know if you believe changes, additions or deletions would be advisable. I plan to submit this with the Tentative Agenda for the January 20th City Council meeting. 2 § 7-9-104. Form of initiative petition -- Sufficiency of signatures. (a) The petition for an ordinance, act, or amendment proposed by initiative shall be on substantially the following form: Initiative Petition (b) The information provided by the person on the petition may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all the information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature. (c) No additional sheets of voter signatures shall be attached to any petition unless the sheets contain the full language of the petition. (d) (1) The signature section of the petition shall be formatted and shall contain the number of signature lines prescribed by the Secretary of State. (2) Before the circulation of a statewide petition for signatures, the sponsor shall file a printed petition part with the Secretary of State in the exact form that will be used for obtaining signatures. § 7-9-105. Form of referendum petition -- Sufficiency of signatures. (a) The petition and order of referendum for an ordinance or act shall be on substantially the following form: Referendum Petition (b) The information provided by the person on the petition may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all of that information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature. (c) No additional sheets of voter signatures shall be attached to any petition unless the sheets contain the full language of the petition. (d) (1) The signature section of the petition shall be formatted and shall contain the number of signature lines as prescribed by the Secretary of State. (2) Before the circulation of a statewide petition for signatures, the sponsor shall file a printed petition part with the Secretary of State in the exact form that will be used for obtaining signatures. § 7-9-107. Approval of ballot titles and popular names of petitions prior to circulation -- Publication. (a) Before any initiative or referendum petition ordering a vote upon any amendment or act shall be circulated for obtaining signatures of petitioners, the sponsors shall submit the original draft to the Attorney General, with a proposed legislative or ballot title and popular name. (b) Within ten (10) days, the Attorney General shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act. The ballot title so submitted or supplied by the Attorney General shall briefly and concisely state the purpose of the proposed measure. (c) If, as a result of his or her review of the ballot title and popular name of a proposed initiated act or a proposed amendment to the Arkansas Constitution, the Attorney General determines that the ballot title, or the nature of the issue, is presented in such manner that the ballot title would be misleading or designed in such manner that a vote "FOR" the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote "AGAINST" an issue would be a vote for a viewpoint that the voter is against, the Attorney General may reject the entire ballot title, popular name, and petition and state his or her reasons therefor and instruct the petitioners to redesign the proposed measure and the ballot title and popular name in a manner that would not be misleading. (d) If the Attorney General refuses to act or if the sponsors feel aggrieved at the Attorney General's acts in such premises, the sponsors may, by petition, apply to the Supreme Court for proper relief. § 14-14-917. Initiative and referendum elections. (d) Ballot Specifications for Initiative and Referendum Measures. Upon receipt of any initiative or referendum measure certified as sufficient by a county clerk, it shall be the duty of the members of the county board of election commissioners to take due cognizance and to certify the results of the vote cast thereon. So that electors may vote upon the ordinance or measure, the board shall cause the ballot title to be placed on the ballot to be used in the election, stating plainly and separately the title of the ordinance or measure so initiated or referred to the electors with these words: "FOR PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT) NO. AGAINST PROPOSED INITIATIVE (OR REFERRED) ORDINANCE (OR AMENDMENT) NO. " In arranging the ballot title on the ballot, the commissioners shall place it separate and apart from the ballot titles of the state acts, constitutional amendments, and the like. If the board of election commissioners fails or refuses to submit a proposed initiative or referendum ordinance when it is properly petitioned and certified as sufficient, the qualified electors of the county may vote for or against the ordinance or measure by writing or stamping on their ballots the proposed ballot title, followed by the word "FOR" or "AGAINST", and a majority of the votes so cast shall be sufficient to adopt or reject the proposed ordinance. FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION CHAPTER 36: ELECTIONS ARTICLE I GENERAL PROVISIONS 36.01 Initiative Petitions; When To Be Filed All municipal initiative petitions shall be filed pursuant to Amendment 7 of the Constitution of the State of Arkansas found in Article 5 §1 of the Arkansas Constitution. These initiative petitions shall be filed no later than 83 days before the general election date. (Code 1965, §2-22.1; Ord. No. 2472, 10-3-78; Code 1991, §36.01; Ord. 5528, 9-18-12) State law reference(s)--Form of initiative petition - sufficiency of signatures, A.C.A. §7-9-104. 36.02-36.14 Reserved ARTICLE II REFERENDUMS 36.15 When Petition To Be Filed All referendum petitions under Amendment 7 to the Constitution of the State of Arkansas must be filed with the City Clerk within 31 days after the passage of the ordinance to which it relates. (Code 1965, §2-19; Ord. No. 588, 12-21-25; Code 1991, §36.15) State law reference(s)--Form of referendum petition - sufficiency of signatures, A.C.A. §7-9-105(a). 36.16-36.99 Reserved CD36:3 ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: Page 2 Ordinance No. "Article III Procedure. To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. (a) Petitions Must Be Submitted To City Attorney For Certification Or Correction. Before any initiative or referendum petition ordering a vote upon any municipal legislation shall be circulated to obtain signatures, the sponsor shall submit the original draft of the petition with the attached legislation to the City Attorney with any proposed legislative or ballot title. (b) Review And Certification Or Correction Within Two Business Days. (1) Within two business days, the City Attorney shall approve and certify or shall substitute and certify a more suitable and correct petition and/or ballot title. (2) The City Attorney shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (3) The City Attorney shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (4) The City Attorney shall ensure that any ballot title conforms with A.C.A. § 14-14-917 (d) and A.C.A. § 7-9-107 (c) so as not to be misleading to voters. (c) Appeal To Circuit Court. If the City Attorney fails to act within two business days after receipt of the proposed initiative or referendum petition or if the sponsors feel aggrieved by the City Attorney's actions or proposal, they may immediately file suit in the Washington County Circuit Court. (d) Extension Of Time For Petitioners May Be Granted By Circuit Court. If the Circuit Court grants the sponsors their requested relief related to the proper form of the petition or ballot title, the time when the referendum petitions must be filed shall be extended until 31 days after the Court's decision is Page 3 Ordinance No. announced as long as Article 5 § 1 of the Arkansas Constitution's provision of a maximum 90 days after the passage of the legislature is not violated." PASSED and APPROVED this 20th day of January, 2015. APPROVED: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal THRU: Sondra Smith, City Clerk ' FROM: Kit Williams, City Attorney DATE: February 4, 2015 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 3,2015 1. A resolution to authorize the purchase of one (1) Chevrolet Equinox from Chevrolet of Fayetteville in the amount of $20,247.00 pursuant to a state procurement contract for use by the Parking Management Division. 2. A resolution to authorize the purchase of one (1) Toyota Prius from Toyota of Fayetteville in the amount of $22,627.00 pursuant to a state procurement contract for use by the Building Safety Division, and to approve a budget adjustment. 3. A resolution to authorize the purchase of one (1) 2015 Ford F250 from Lewis Ford of Fayetteville, Arkansas in the amount of $22,427.00 pursuant to a state procurement contract for use by the Animal Services Division. 4. A resolution to authorize the purchase of one (1) 2015 Chevrolet Equinox AWD from Chevrolet of Fayetteville in the amount of $21,699.00 pursuant to a state procurement contract for use by the Utilities Director, and to approve a budget adjustment. 5. A resolution to authorize the purchase of one (1) 2015 Dodge Ram 1500 4x4 pickup truck from Landers Dodge of Benton, Arkansas in the amount of $20,193.00 pursuant to a state procurement contract for use by the Water and Sewer Division. 6. A resolution to approve the purchase of one (1) 2015 Dodge Ram 1500 pickup truck from Landers Dodge of Benton, Arkansas in the amount of $20,367.00 pursuant to a state procurement contract for use by the Police Department, and to approve a budget adjustment. DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council FROM: Kit Williams, City DATE: February 3, 2015 RE: Referendum Procedural Ordinance Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal I informed you during the January 20, 2015 City Council meeting and also in my memo to you of that date: "I believe that the Arkansas Legislature will soon remove the power of any Arkansas City to pass an ordinance to further protect its citizens from discrimination." Senator Hester and Representative Ballinger have begun the process to make my prediction come true by sponsoring Senate Bill 202 "to improve intrastate commerce" by prohibiting cities and counties from adopting or enforcing an ordinance that "prohibits discrimination on a basis not contained in state law." Therefore, the proposed ordinance to align the City's referendum procedure and language with the procedure and language required by the State Legislature for county ordinance referendums can have no application to any future civil rights ordinance if Senate Bill 202 becomes law because this Bill removes the power to enact any civil rights ordinances from all Arkansas cities and counties. I believe that Senate Bill 202 will be rapidly approved by the Arkansas Legislature and signed into law by Governor Hutchinson, but I request that the ordinance regarding referendum procedure be tabled tonight after it second reading until the March 17th meeting so that the I Legislature and Governor have plenty of time to act upon Senate Bill 202 and/or other bills designed to remove the power of city councils to protect their citizens from discrimination not already protected by the Arkansas Civil Rights Act. Tabling is also necessary as the Ordinance Review Committee will not be able to review this proposed ordinance until its next meeting, February 18, which is the day after your second City Council meeting in February. Tabling until March 176, will give us additional time to draft any recommended changes that might be suggested by the Ordinance Review Committee and include this information in your agenda packet for that meeting. As I informed you earlier, I do not believe there is any urgency to enact the proposed ordinance immediately. I work with the Mayor and City Council, but I work for our citizens so I designed this Referendum Procedure Ordinance to ensure citizens wishing to challenge any future ordinance would know how to do it. I also hoped to prevent future litigation against the City by clarifying the referendum procedure and by aligning our referendum language with County ordinance referendum language required by state statute. 2 6 I f i i" ';. 2 3�+ ter_ , i � , . -tr q y A7YWIt DEPARTMENTAL, CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Paralegal M Mulford City Council FROM: Kit Williams, City Attorney ( / 8 DATE: March 17, 2015 RE: Referendum Language and Impact of House Bill 1687 When I drafted the originally proposed ordinance concerning municipal ordinance Referendum language, the state statutory requirements for county ordinance Referendum language was simple and completely clear. It was also in agreement with the statutory requirements for state statute Referendums. Thus, I believed it would be very clear how a municipal ordinance referendum should be worded if we just ensure it complied with state statutory language for county ordinances. {A.C.A. § 14-14-917 (d)} and state statutes {A.C.A. § 7-9-107 (c)}. That is why I believed I could review and correct or approve such petition language within only two days. Now, State Representative Ballinger has proposed House Bill 1687 which changes the wording for county ordinance referendums, but does not change the statutory requirements for the wording for state statute referendums. In some cases, the two statutes would be conflicting if House Bill 1687 is enacted. It has passed the House and is now being considered in the Senate. If this bill becomes law without any changes, it would no longer be a simple and clear decision for a City Attorney to determine exactly how a municipal referendum should be worded. With such lack of clarity, I do not want to be forced to try to decide how a referendum should be worded, so I request all reference to the City Attorney be removed from what will likely be I a somewhat unclear decision. I therefore recommend that the City Council amend the initial ordinance to the one I prepared and gave you along with my memo of February 18, 2015. I also ask that this ordinance be left on the second reading to see if House Bill 1687 is in fact enacted and whether it is amended in any way. If it is enacted as written and not amended, I will then have to recommend another amendment to my proposal to remove the reference to A.C.A. § 7-9- 107 (c) which legislates how state statute referendums should be worded which would be contrary to the changes made to the county ordinance referendum statute by House Bill 1687. Otherwise, there would be contrary provisions about how the Referendum should be worded and my whole purpose to bring clarity and avoid lawsuits would be thwarted. Attached is my suggested amendment previously supplied to you on February 18th. 2 ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: Page 2 Ordinance No. "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14- 14-917 (d) and A.C.A. § 7-9-107(c)." PASSED and APPROVED this 17th day of March, 2015. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: IC SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST,A,RK,k. NORTHWEST ARKANSAS' NEWSPAPER February 25, 2015 nwadg.com cram space under nis home{ and stole five of his 18 hiber- . _ ....- ..... rxvm WASH noting pet tarantulas, saying he }ya5 TippedOt{t0 the theft Etwolm Spin o 'ate !1 cajor ne step afterapetstorenotifiedhim plan that someone had Just sold a partial fie ;tarantulas to the busi- A(esan- • • 1 on its new-anu4flas • law Departmc Security, c of money 30, who police in Flor- fails to act ida say struck a child with a BILL BOWDEN — instead of being forced in oli County. 1vlcCor he's willit belt and sent her to school 1 ARKANSAS DEMOCRAT-0 to have it by referendum Th Eureka Springs elec- on a bill s in a T-shirt marked with voters in Eureka S ings petition — the council gets tion c ncerns Ordinance departure continents about her failing will decide May 12 heth- to control the ballot word- 2223, hich prohibits dis- grades, was ehaXged with er they want an orEinance ing, said Alderman James eri ' "tion against people provisions ident Bars! abuse and cru�lw to a child ■ Copt. Jay Dragon of prohibiting disci ination against gay peopl DeVito. "We felt like it would be- b "real or perceived" sexu orientation, gender tive action the Satellite Beach, Fla., Fire The Eureka Sdrings pity hoove us to control the ballot 1de4tty, gender expression or The Senat DepartWentsaid that 19 man- Council approveil the elec- [wording] rather than let it sqs4oeconomic background. The the on a sepan the Noven atees that had been stuck in a storm drain were all alive tion at a speci 1 meeting Tuesday. The njove was a rest in the hands of a group that might 'make itggdlorecon- council rushed ordinance through three action the after a late -night rescue and were returned to the Indian gambit togive the council more control over -n election fusing for the geaefal pub'pubjC DeVito said. readings at a Feb. 9 meeting — passing it unanimously :things, we portations River Lagoon System that appeared ine table. A petition drive has been Mayor Robert utch" Berry said th ve also al- each time - so it would be- C¢me law before Senate Bill legal alien I've it • Michael Cassano, 38 an Oakland Gardens; N.Y. underway .inthe tourist t lowed Springs to set 202, Which prevents cities and counties from enacting Democrat be happy i resident stag red of rob- since Friday to gather the 96 signatures necessary to force ction date, which will save the city about $3,000 _ es enforcing such erdinanc- eration to bing a bank in Lodi, N.J., of $4,000, was arrested a block a referendum on the matter. By calling for the election because another election is already scheduled for May 12 See BIAS, Page 2A sideration - bill which away ftcm the crime scene after he stripped fora cup of eTiffany Leiseth, 26, a former substitute teacher arr,iced of bavine'sex with nia to giving them alcohol but not to having sex with them and will spend a year on probation. WEATHER NORTHWEST ARKANSAS Today Partly cloudy. high"4'S. Todgid Partly cloudy, tow 20. INDEX Business 1B Food 1E Classifieds 1F NWArkansas 18 Comics BE Sports 1C Crossword BE Stocks 3D Governor. to Sign bill on lottery MICHAEL R. WICKLINE AND CLAUDIA LATER ARKANSAS DEMOCRAT -GAZETTE The Arkansas House of Representatives on Tuesday sent Gov. Asa Hutchinson a bill to terminate the Ar- kansas Lottery Commission and require the governor to appoint the lottery director. Senate Bill 7 by Sen. Jimmy Hickey, R -Texarka- na, also would create the Office of Arkansas Lottery in the state Department of Finance and Administra- tion's Management Services C. 9 Enact Chapter 119 Civil Rights Administration Page 2 of 8 Pennington, Blake From: matt@matthewpetty.org on behalf of Matthew Petty - Fayetteville Ward 2 <citycou nci l@ matthewpetty.org> Sent: Thursday, May 15, 2014 3:09 PM To: Williams, Kit Cc: Pennington, Blake; James Rector Subject: Anti -Discrimination Ordinance Attachments: Fayetteville HRO 5.15.2014.docx Hi Kit, Attached is a draft Anti -Discrimination Ordinance that I would like to get passed in Fayetteville. It targets discrimination in housing transactions and employment decisions. I want to introduce it at the first meeting in July. Can you guys take a look at it and think about how it might need to be adapted for consistency with Arkansas and municipal code? Pd like to have a first meeting on it the week of the 26th (or I can do late next week). Thanks for your help, M DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal TO: Mayor Jordan City Council CC: Kit Williams, City Attorney FROM: Blake Pennington, Assistant City Attorney - DATE: July 17, 2014 RE: Civil Rights Ordinance While there is no specific Arkansas statute expressly authorizing a municipality to enact an anti -discrimination ordinance, the state legislature has authorized municipalities to legislate pursuant to their police powers under a number of statutes. Generally, "a municipality is authorized to perform any function and exercise full legislative power in any and all matters of whatsoever nature pertaining to its municipal affairs" and may even legislate on issues designated as "state affairs" as long as the regulation is not in conflict with or contrary to state law. A.C.A. § 14-43-601-14-43-602. More specifically, a city has "the power to make and publish bylaws and ordinances, not inconsistent with the laws of this state, which, as to them, shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such corporations and the inhabitants thereof." A.C.A. § 14-55-102. Cities have the power to "prevent injury or annoyance within the limits of the municipal corporation from anything dangerous, offensive, or unhealthy []." A.C.A. § 14-54-103(1): Cities may also "prevent or regulate the carrying on of any trade, business, or vocation of a tendency dangerous to morals, health, or safety a." A.C.A. § 14-54- 104(3)(C). In fact, the Arkansas Supreme Court has held that "the mere possibility of a public harm is sufficient basis for the municipality to regulate under its police power. Phillips v. Town of Oak Grove, 333 Ark. 183 (1998). Thus, this grant of power provides the basis for the City Council to enact a civil rights ordinance for the City of Fayetteville in order to protect residents and visitors of Fayetteville from unlawful discrimination in employment, public accommodation, business transactions, housing and real estate transaction, and the use of city services. U.S. EMPLOYMENT BY FIRM SIZE 2011 -,-- ,--2,507,862, 2% ---' 1,953,802, 2% 0-4* 5-9 10-14 . 15-19 z 20-24 N 25-29 2 30-34 m 35-39 S' 40-44 0 45-49 0 50-74 N 75-99 m 100-149 $ 150-199 a 200-299 m 300-399 0 400-499 9 500-749 9 750-999 6 1,000-1,499 0 1,500-1,999 N 2,000-2,499 i 2,500-4,999 d 5,000+ U.S. EMPLOYMENT BY FIRM SIZE 2011 3,517,851,3% 3,552,822, 3% 2,507,862,2% 1,953,802, 2% • 0-4* ■ 5-9 10-14 • 15-19 s 20-24 25-29 • 30-34 ■ 35-39 • 40-44 ■ 45-49 • 50-74 • 75-99 100-149 • 150-199 200-299 • 300-399 400-499 500-749 • 750-999 • 1,000-1,499 - 1,500-1,999 • 2,000-2,499 • 2,500-4,999 • 5,000+ Employer Firms, Establishments, Employment, and Annual Payroll Small Firm Size Classes, 2011 Employment size of firm Firms Establishments Employment Annual Payroll ($1,000) Total 5,684,424 7,354,043 113,425,965 5,164,897,905 0-4* 3,532,058 3,540,155 5,857,662 230,422,086 5-9 978,993 993,101 6,431,931 218,085,669 10-14 391,469 408,962 4,581,725 161,600,950 15-19 201,494 218,019 3,379,556 122,650,664 20-24 121,765 137,714 2,655,453 98,877,041 25-29 81,321 95,402 2,182,127 82,583,198 30-34 58,592 72,068 1,867,376 71,972,695 35-39 43,724 57,011 1,610,941 62,404,067 40-44 34,003 46,326 1,423,620 55,781,969 45-49 26,979 38,671 1,263,505 50,391,425 50-74 77,777 125,879 4,677,761 189,423,191 75-99 37,335 78,553 3,199,218 134,651,465 100-149 35,212 96,126 4,260,619 181,807,611 150-199 17,372 65,118 2,992,069 127,360,567 200-299 16,637 88,449 4,025,425 176,261,650 300-399 7,641 57,917 2,635,522 117,146,704 400-499 4,381 42,587 1,953,802 87,933,021 500-749 5,854 76,452 3,552,822 163,036,081 750-999 2,907 50,805 2,507,862 117,453,909 1,000-1,499 2,881 63,017 3,517,851 173,801,612 1,500-1,999 1,487 48,823 2,568,331 127,903,632 2,000-2,499 892 37,464 2,002,122 102,558,504 2,500-4,999 1,811 124,893 6,363,120 341,259,268 5,000+ 1,839 790,531 37,915,545 1,969,530,926 <20 5,104,014 5,160,237 20,250,874 732,759,369 <50 5,470,398 5,607,429 31,253,896 1,154,769,764 <100 5,585,510 5,811,861 39,130,875 1,478,844,420 <500 5,666,753 6,162,058 54,998,312 2,169,353,973 * Employment is measured in March, thus some firms (start-ups after March, closures before March, and seasonal firms) will have zero employment and some annual payroll. Excludes farms. Source: U.S. Small Business Administration, Office of Advocacy, based on data provided by the U.S. Census Bureau, Statistics of U.S. Businesses. Arkansas Employment by Firm Size, 2011 0-4* 5-9 ■ 10-19 ■ <20 ■ 20-99 ■ 100-499 ■ <500 ■ 500+ Arkansas Employment by Firm Size, 2011 ■ 5-9 •10-19 ■ <20 20-99 b 100-499 ■ <500 ■ 500+ Employer Firms, Establishments, Employment, and Annual Payroll by Firm Size, and State, 2011 (Annual payroll in thousands of dollars) mof6psize of Firm United States Firms 5,684,424 3,532,058 978,993 5,104,014 481,496 81,243 5,666,753 17,671 Establishments 7,354,043 3,540,155 993,101 626,981 5,160,237 651,624 350,197 6,162,058 1,191,985 Employment 113,425,965 5,857,662 6,431,931 7,961,281 20,250,874 18,880,001 15,867,437 54,998,312 58,427,653 Annual payroll 5,164,897,905 230,422,086 218,085,669 284,251,614 732,759,369 746,085,051 690,509,553 2,169,353,973 2,995,543,932 Alabama Firms 74,131 40,644 13,752 8,417 62,813 7,055 1,891 71,759 2,372 Establishments 97,743 40,748 13,929 8,854 63,531 9,704 5,188 78,423 19,320 Employment 1,573,138 74,986 90,173 112,156 277,315 260,273 219,887 757,475 815,663 Annual payroll 59,241,365 2,342,593 2,666,406 3,587,891 8,596,890 9,160,066 8,193,682 25,950,638 33,290,727 Alaska Firms 16,458 9,896 2,829 1,719 14,444 1,104 319 15,867 591 Establishments 20,119 9,930 2,883 1,859 14,672 1,561 1,103 17,336 2,783 Employment 254,996 14,881 18,553 22,843 56,277 38,807 39,401 134,485 120,511 Annual payroll 13,394,017 780,407 761,641 1,066,970 2,609,018 1,797,223 1,862,655 6,268,896 7,125,121 Arizona Firms 100,672 60,853 16,147 9,685 86,685 8,480 2,550 97,715 2,957 Establishments 130,305 60,970 16,352 10,105 87,427 10,655 6,767 104,849 25,456 Employment 2,108,561 95,790 106,378 128,761 330,929 309,738 287,488 928,155 1,180,406 Annual payroll 86,533,273 3,843,641 3,413,870 4,276,083 11,533,594 10,677,154 11,193,091 33,403,839 53,129,434 Arkansas Firms 50,426 28,636 9,115 5,364 43,115 4,414 1,205 48,734 1,692 Establishments 64,471 28,693 9,198 5,632 43,523 6,095 3,747 53,365 11,106 Employment 980,644 49,146 59,600 70,944 179,690 161,475 141,684 482,849 497,795 Annual payroll 35,312,365 1,543,827 1,655,769 2,002,297 5,201,893 4,877,976 4,614,778 14,694,647 20,617,718 California Firms 689,568 429,139 116,492 68,907 614,538 57,822 11,639 683,999 5,569 Establishments 849,316 430,130 117,939 72,657 620,726 73,361 36,106 730,193 119,123 Employment 12,698,427 702,508 764,413 919,375 2,386,296 2,201,332 1,744,243 6,331,871 6,366,556 Annual payroll 663,570,657 35,472,447 28,198,202 35,746,417 99,417,066 95,194,766 86,245,991 280,857,823 382,712,834 Colorado Firms 124,709 80,917 18,292 10,948 110,157 9,039 2,480 121,676 3,033 Establishments 150,889 81,023 18,493 11,379 110,895 11,378 5,933 128,206 22,683 Employment 1,972,271 121,812 119,687 145,601 387,100 324,916 250,216 962,232 1,010,039 Annual payroll 92,655,142 4,916,682 4,221,152 5,291,724 14,429,558 12,869,781 11,505,965 38,805,304 53,849,838 Connecticut Firms 71,605 40,623 12,671 7,815 61,109 6,608 1,755 69,472 2,133 Establishments 88,040 40,701 12,832 8,113 61,646 8,000 4,403 74,049 13,991 Employment 1,442,620 70,225 83,263 103,644 257,132 242,003 210,899 710,034 732,586 Annual payroll 82,130,924 3,231,880 3,423,135 4,727,547 11,382,562 11,973,813 10,849,938 34,206,313 47,924,611 Delaware Firms 19,472 10,855 2,908 1,940 15,703 1,785 607 18,095 1,377 Establishments 24,132 10,947 2,941 2,040 15,928 2,223 1,164 19,315 4,817 Employment 359,602 17,338 19,199 25,884 62,421 61,644 43,440 167,505 192,097 Annual payroll 17,553,103 776,762 691,851 981,163 2,449,776 2,582,189 1,931,523 6,963,488 10,589,615 District of Columbia Firms 16,968 7,946 2,629 1,898 12,473 2,193 970 15,636 1,332 Establishments 21,545 7,955 2,648 1,966 12,569 2,448 1,493 16,510 5,035 Employment 477,623 14,050 17,215 24,724 55,989 76,285 91,593 223,867 253,756 Annual payroll 32,872,009 1,090,444 1,055,044 1,587,371 3,732,859 4,654,070 5,521,786 13,908,715 18,963,294 A.C.A. § 16-123-107 (2014) 16-123-107. Discrimination offenses. (a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to: (1) The right to obtain and hold employment without discrimination; (2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement; (3) The right to engage in property transactions without discrimination; (4) The right to engage in credit and other contractual transactions without discrimination; and (5) The right to vote and participate fully in the political process. (b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee. (c) (1) (A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee. (B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action. (2) (A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. The total compensatory and punitive damages awarded under this subdivision (c)(2)(A) shall not exceed: (i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; (iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and (v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year. (3) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later. HISTORY: Acts 1993, No. 962, §§ 4, 5; 1995, No. 480, § 3. City of Fayetteville proposed Ch. 119 Ordinance 119.02(D) "Discrimination" ■ ... real or perceived i. RACE 2. ethnicity 3. NATIONAL ORIGIN 4. age (if 18 or 55 or older) 5. GENDER 6. gender identity 7. gender expression 8. familial status 9. marital status io. socioeconomic background 11. RELIGION 119.07(F) "non -secular positions" But see (A), and (F)(1) & (2), (G): "permissible bona fide religious or denominational preference ... necessary result of such bona fide condition." 119.07(l) "sanctuary or chapel" 12. sexual orientation 13. DISABILITY 14. veteran status State of Arkansas A.C.A. 16-123-101 etseq. AR Civil Rights Act of 1993 16-123-107. Discrimination offenses. (a) The right of an otherwise qualified person to be free from discrimination because of ... 1. RACE 3. NATIONAL ORIGIN 4. GENDER 2. RELIGION 16-123-102 (8) "Religion" means all aspects of religious belief, observance, and practice. 5. the presence of any sensory, mental, or physical DISABILITY.... 3/31/2015 Y- - tO/5 cry X16:35 PM `rM `'""J L.4J*fl'C.X tY . Page 101 1 6 . z (2.4/n/mo t - C2AtZ�i a fl& j(.! A.C.A. § 7-9-101 (Copy w/ Cite)Pages: 2 .................................................................................................................................... A.C.A. § 7-9-101 Arkansas Code of 1987 Annotated Copyright © 2015 1987-2015 by the State of Arkansas All rights reserved. *** Legislation is current through the 2014 Second Extraordinary Session *** ** and updates received from the Arkansas Code Revision Commission *** *** through December 12, 2014. *** Title 7 Elections Chapter 9 Initiatives, Referenda, and Constitutional Amendments Subchapter 1 Petition and Election Procedure A.C.A. § 7-9-101 (2015) 7-9-101. Definitions. As used in this subchapter: (1) "Act" means an act having general application throughout the state, whether originating in the General Assembly or proposed by the people; (2) "Amendment" means an amendment to the Arkansas Constitution that is proposed by the people; (3) "Canvasser" means a person who circulates an initiative or referendum petition or a part or parts of an initiative or referendum petition to obtain the signatures of petitioners thereto; (4) "Election" means a regular general election at which state and county officers are elected for regular terms; (5) "Measure" means an amendment, an act, or an ordinance; (6) "ordinance" means an ordinance of a municipality or county, whether originating in the legislative body of the municipality or county or proposed by the people; (7) "Petition part" means a petition signature sheet containing the information required under § 7-9-104 or § 7-9-105; (8) "Petitioner" means a person who signs an initiative or referendum petition ordering a vote on a measure; (9) "Registered voter" means a person who is registered at the time of signing the petition pursuant to Amendment 51 to the Arkansas Constitution; and (10) "Sponsor" means a person who arranges for the circulation of an initiative or referendum petition or who files an initiative or referendum petition with the official charged with verifying the signatures. HISTORY: Acts 1943, No. 195, § 1; A.S.A. 1947, § 2-201; Acts 1997, No. 646, § 1; 2013, No. 1413, § 2. 3/31/2015 17:16:35 PM r ORDINANCE NO. AN ORDINANCE TO ENACT ARTICLE III PROCEDURE TO EXERCISE INITIATIVE AND REFERENDUM RIGHTS OF CHAPTER 36: ELECTIONS INTO THE FAYETTEVILLE CODE TO CLARIFY THE PROPER PROCEDURE FOR THE CITIZENS' RIGHT OF THE INITIATIVE AND REFERENDUM WHEREAS, Amendment 7 of the Arkansas Constitution (now codified as Article 5 § 1) states: "Municipalities may provide for the exercise of the initiative and referendum as to their local legislation;" and WHEREAS, the State Legislature has been granted express authority to provide "for the exercise of the initiative and referendum as to counties," (Amendment 7 of the Arkansas Constitution) and has enacted A.C.A. § 14-14-917 Initiative and referendum elections to provide for the proper exercise of the initiative and referendum for county ordinances; and WHEREAS, the lack of clarity for proper municipal referendum procedure led to litigation against Mayor Jordan, the City Council and City Clerk Sondra Smith after she certified the last referendum petition for a special election; and WHEREAS, this litigation can be avoided in the future if the City enacts proper procedures modeled upon long established state law for state and county initiatives and referendums. 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 enacts Article III Procedure To Exercise Initiative and Referendum Rights of Chapter 36: Elections into the Fayetteville Code to clarify the proper procedure for the citizens' right of the initiative and referendum for municipal legislation as follows: Page 2 Ordinance No. "Article III Procedure To Exercise Initiative And Referendum Rights § 36.20 Initiative and Referendum Petitions Pursuant to Article 5 § 1 of the Arkansas Constitution, the City establishes the following procedure for the exercise of the citizens' right of the initiative and referendum of city legislation. (a) The Petitioner shall ensure the form of any initiative petition complies with A.C.A. § 7-9-104. (b) The Petitioner shall ensure the form of any referendum petition complies with A.C.A. § 7-9-105. (c) The Petitioner shall ensure that any ballot title conforms with A.C.A. § 14- 14-917 (d)." PASSED and APPROVED this 7"' day of April, 2015. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS _ Democrat W0azette P.Q. BOX 1607, FAYE`iTEVILLE, AR, 72702 • 479-442-1700 . FAX: 479-695-111II - A!'WW.N'WADG.COM AFFIDAVIT OF PUBLICATION RECEIVED APR 2 7 2015 I, Karen Caler, do solemnly swear that I am the Legal Clerk of the �y Northwest Arkansas Democrat Gazette, printed and published in °CITMTv cLERICSOF19CCEE Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance 5759 Was inserted in the Northwest Arkansas Democrat Gazette on: April 16, 2015 Publication Charges: $ 142.67 Kare Caler Subscribed and sworn to before me This 24 day of Cr r1� Q , 2015. c1 s Notary Public My Commission Expires:ZcLo`ZYzL4- **NOTE** Please do not pay CATHY WILES Arkansas • Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20. 2024