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HomeMy WebLinkAboutOrdinance 5564 ORDINANCE NO. 5564 AN ORDINANCE AMENDING SECTION 33.361 COMPOSITION OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE TO CHANGE THE STRUCTURE OF CITY AND UNIVERSITY APPOINTMENTS TO THE TOWN AND GOWN ADVISORY COMMITTEE 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 amends Section 33.361 Composition of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, so that after amendment, it shall read presented in the attached Exhibit"A", which is incorporated into this Ordinance as if set out word for word. PASSED and APPROVED this 5ffi day of February, 2013. APPROVED: ATTEST: By: By: L NLD JO ayor SONDRA E. SMITH, City Clerk/Treasurer Kr/rT :FAYETTEVILLE:EAYE7TEVILLE: ;�y°.Q'�A NSP;•°�"�ey' 33.361 Composition The Town and Gown Advisory Committee shall be comprised of twenty-one (21) voting members, consisting of the following: (A) One (1) member of the Committee shall be a member of the City Council appointed by the Mayor; (B) One (1) member shall be a resident of Ward 1 appointed by the City Council; (C) One (1) member shall be a resident of Ward 2 appointed by the City Council; (D) One (1) member shall be a resident of Ward 3 appointed by the City Council; (E) One (1) member shall be a resident of Ward 4 appointed by the City Council; (F) One (1) member shall be a business owner in the City or a representative of the City development community appointed by the City Council; (G) One (1) member shall be a University of Arkansas student living in the City appointed by the City Council; (H) Seven (7) members shall be City staff appointed by the Mayor;and (1) Seven (7) members shall be representatives from the University of Arkansas, to be selected by the Chancellor or the Chancellor's designee. EXHIBIT City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/5/2013 City Council Meeting Date Agenda Items Only Lindsley Smith Communications&Volunteer Sery Submitted By Division Department Action Required: Approve an Ordinance Amendment changing the City of Fayetteville Town and Gown Advisory Committee Ordinance section on Mayor and Chancellor appointment structure. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Q Previous Ordinance or Resolution# eorney7!:! Date Original Contract Date: �'•( ��(3 Original Contract Number: Date �o a- - 1- 17.16,3 Finance and Internal Services Director Date Received in(pity.j i 3 P 0 3:5 5 K C V D Clerk's Office YSa ff Date Received in Mayor's Office D Comments: Revised January 15,2009 • atePVTlIle THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan and City Council Thru: Lioneld Jordan, Mayor 4 Don Marr, Chief of Staff� From: Lindsley Smith, Communication Directoor _ Date: January 15, 2013 Subject: Town and Gown Advisory Committee Ordinance Appointment Structure Amendment PROPOSAL: To amend Article XXIV, section 33.361, which provides Committee composition for the City of Fayetteville Town and Gown Advisory Committee to provide the Mayor and the University of Arkansas greater flexibility in staff appointments to the Committee by removing the existing Ordinance's requirements for only specific City and University staff appointments to this Committee. BACKGROUND: The Town and Gown Advisory Committee was created by Ordinance 551 on July 3, 2012. This Committee is a forum for collaboration between the City of Fayetteville and the University of Arkansas and their stakeholders (students, other residents, etc) on mutually-relevant issues. The Committee is empowered only to advise and make recommendations on a periodic basis to both the City.Council and the University of Arkansas. Members of the Fayetteville community appointed by the City Council shall serve a two-year term;however, members appointed by the Mayor shall serve at the pleasure of the Mayor, and members appointed by the University of Arkansas shall serve for such period as to be determined by the Chancellor or their designee. As the Ordinance currently exists,both the Mayor and University are limited in their ability to appoint staff that each entity knows would best serve the purposes of the Committee, City, or University as envisioned in the purpose and establishment section of the existing Ordinance. RECOMMENDATION: Staff recommends approval of an Ordinance change to increase flexibility in appointments for this committee, still providing for individuals at each entity to be in a decision-making capacity within their staff positions, but not restricting the ability of appointments due to Ordinance-set designated staff members at either the City of Fayetteville or University of Arkansas. BUDGET IMPACT: There is no budget impact. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 33.361 COMPOSITION OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE TO CHANGE THE STRUCTURE OF CITY AND UNIVERSITY APPOINTMENTS TO THE TOWN AND GOWN ADVISORY COMMITTEE 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 amends Section 33.361 Composition of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, so that after amendment, it shall read presented in the attached Exhibit"A", which is incorporated into this Ordinance as if set out word for word. PASSED and APPROVED this 5th day of February, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 33.361 Composition The Town and Gown Advisory Committee shall be comprised of twenty-one (21) voting members, consisting of the following: (A) One (1) member of the Committee shall be a member of the City Council appointed by the Mayor; (B) One (1) member shall be a resident of Ward 1 appointed by the City Council; (C) One (1) member shall be a resident of Ward 2 appointed by the City Council; (D) One (1) member shall be a resident of Ward 3 appointed by the City Council; (E) One (1) member shall be a resident of Ward 4 appointed by the City Council; (F) One(1) member shall be a business owner in the City or a representative of the City development community appointed by the City Council; (G) One (1) member shall be a University of Arkansas student living in the City appointed by the City Council; (H) Seven (7) members shall be City staff appointed by the Mayor;and (1) Seven(7) members shall be representatives from the University of Arkansas, to be selected by the Chancellor or the Chancellor's designee. EXHIBIT s FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION 33.355 Selection Process (F) One(1)member shall be a business owner in the The City Council shall appoint the private citizen City or a representative of the City development members through the normal Nominating Committee community appointed by the City Council; process. All other members of the Active Transportation Advisory Committee shall be (G) One (1) member shall be a University of appointed by their respective organizations. Arkansas student living in the City appointed by the City Council; (Ord.5343,8-3-10) (H) Seven (7) members shall be City staff appointed 33.356-33.359 Reserved by the Mayor, and shall include one (1) representative of the Mayor's office, one (1) ARTICLE XXIV representative of Development Services-Current Planning, one (1) representative of Development TOWN AND GOWN ADVISORY Services-Community Services, . one (1) COMMITTEE representative of Police, one(1)representative of Fire, one (1) representative of Parking, and one (1) representative from either Transportation or 33.360 Purpose and Establishment Utilities. There is hereby established the Town and Gown Advisory Committee. This Committee shall be a (1) Seven(7)members shall be representatives from forum for collaboration between the City of the University of Arkansas, to be selected by the Fayetteville and the University of Arkansas on Chancellor or the Chancellor's designee, and mutually relevant issues including, but not limited to, shall include one (1) representative of the campus expansions, the need for student housing Chancellor's Office, one (1) representative of both on and off campus, and parking and noise in Government Relations, one (1) representative areas adjacent to or nearby the campus. The from the Division of Student Affairs, one (1) Committee is empowered only to advise and make representative of Parking and Transit, one (1) recommendations on a periodic basis to both the City representative of Athletics, one(1) representative Council and the University of Arkansas on such of Facilities Management, and the current issues, and to adopt rules for the conduct of its own Associated Student Government President. business. (Ord.5511,7-3-12) (Ord.5511,7-3-12) 33.362 Terms Of Office 33.361 Composition Members appointed by the City Council shall serve a two(2)year term,. Members appointed by the Mayor, The Town and Gown Advisory Committee shall be with the exception of the City Council member comprised of twenty-one (21) voting members, appointed by the Mayor,shall serve at the pleasure of consisting of the following: the Mayor. Members appointed from the University of Arkansas shall serve for such period as to be (A) One (1) member of the Committee shall be a determined by the University. member of the City Council appointed by the Mayor; (Ord.5511,7-3-12) (B) One (1) member shall be a resident of Ward 1 33.363 Officers And Quorum appointed by the City Council; At the first regularly scheduled Committee meeting of (C) One (1) member shall be a resident of Ward 2 each calendar year, the members of the Committee appointed by the City Council; shall elect from among themselves a Chairperson and a Secretary, who shall operate as Vice-Chair. A (D) One (1) member shall be a resident of Ward 3 majority of the whole number of members shall appointed by the City Council; constitute a quorum to conduct business, and a majority vote of those present shall be sufficient to (E) One (1) member shall be a resident of Ward 4 approve or deny any matter before the Committee. appointed by the City Council; (Ord.5511,7-3-12) CD33:30 FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION (Ord.5522,9-4-12) 33.364 Meetings 33.368 Responsibilities and Duties The Town and Gown Advisory Committee shall meet To fulfill its responsibilities and duties the Audit at least once per quarter to conduct regular business, Committee shall: at a time and place that is mutually convenient to the membership. The Town and Gown Advisory (A) Review the Charter periodically and update as Committee may meet more frequently if needed. conditions dictate; (Ord.5511,7-3-12) (B) Serve on the review committee to select the independent auditors. On an annual basis, the XXV AUDIT COMMITTEE AND committee should review and discuss with the INTERNAL AUDITOR auditors all significant relationships the auditors have with the City to determine the auditor's independence. The annual independence review 33.365 Establishment and Purpose should include a review of all non-audit related The Audit Committee which was established by consulting fees for nature of services and effect Resolution No. 134-00 remains established pursuant on independence; a review of any and all to this Article. Its purpose remains to serve in an relationships between members of the audit firm advisory capacity between the City Council, the and employees of the City; the obtaining of a independent auditor, the Internal Auditor and City formal written statement from the auditors as to Administration concerning financial accounting and their compliance with professional guidelines reporting, audit functions, internal controls and relating to independence; and discussion with the compliance with governmental regulations. The Audit auditors regarding the firm's own internal controls Committee shall ensure the independence of the over monitoring independence; independent auditor, the ability and responsibility of the Internal Auditor to report any concerns about (C) Review the City's annual financial statements finances or accounting to the Audit Committee, and related financial information, including any Administration and City Council, the integrity of the certification, report, opinion, or review rendered Administration and the adequacy of public by the independent auditors and any changes in disclosures. The Audit Committee shall, in accounting principles or the application thereof; conjunction with the external auditors, review the City's financial reports and information, the City's (D) Review the performance of the independent system of internal financial and accounting controls, auditors. Annually, clarify with the independent and the City's compliance with governmental laws auditors that the auditors are ultimately and regulations regarding financial matters. accountable to the City Council and that the City Council has ultimate power in the appointment or (Ord.5522,9-4-12) removal of the independent auditors; 33.366 Composition and Term (E) Periodically consult with the independent The Audit Committee shall include one City Council auditors, outside the presence of management, member appointed by the Mayor and three citizens of regarding internal controls and the completeness Fayetteville, at least one of which shall be a Certified and accuracy of the organization's financial Public Accountant. The three citizens shall serve statements and related disclosures; three year terms of office. (F) In conjunction with the external auditors, review (Ord.5522,9-4-12) with financial and accounting personnel and the Internal Auditor the adequacy and effectiveness 33.367 Meetings of the accounting and financial controls of the City, including controls over data processing The Audit Committee shall meet at least three times activities and functions. Approve annually, one of which must be with the independent recommendations for the improvement of such auditor, Internal Auditor, and Administration to discuss internal control procedures; the independent auditor's report and findings following its audit of the City. (G) Establish regular reporting to the Audit Committee by management, the Internal Auditor CD33:31 GlJ1 Y►^G'^� VAC vS i �^— RECEIVED FEB 2 0 2013 CITTYOCLERKS OFFICE NORTHWEST ARKANSAS DEMOCRAT-GAZET% NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS P NORTHWEST ARKANSAS TIMES E LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 ( P.O.BOX 1607, 72702 ( 479.442.1700 ( WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caller, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, 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 No. 5564 Was inserted in the regular edition of The Northwest Arkansas Times on: February 14, 2013 Publication Costs: $64.85 DJN"46I ENO ,5564 Karen Caller AN .ORDINANCE AMENDING SECTION X33 361 COMPOSITION OF CH4PTER`'33 UhPARTMENT3 BOARDS COMMIS$IONS 7` �j Subscribed and sworn to before me ?NP,�AUTHORhlt& OF THE CODE„OF f �xxs x ,FAYETTEV LLE,TCFµ�N(ETWESTRUCTURE This �� day of6 , 2013. OF CITY ANb UNIVERSITY APPOINTMENTS TO THE TOWN AND GOWN gDYISORI<OOMMITfEE BE IT ORDAINED BY THFIA COUNCIL OF THE CITY;OF FAYETTEVILiE ; ARKANSAS $action 1 i That the City Council of the City of Fayetteville”Arkansas;hereby amends Seotlon 3361 Composition of Chapter 33 Departments�6pards Commissions era& and Authorities of the Code of Fayetteville,so"that after amendr" Notary Public anent,it shall read presented ih the attad"'c Exliibtt A which is ihcorporatecJ mto"' this Ordinance as if set out word for word My Commission Expires: 77 ��" t tj Pb�SSED ark APPROVED this bth tlay�f February2013 ��E" B By, j IONELD.IORDAN Mayor SONDRA E SMI H Clty Clerklrre�su�er hibits for this ordinance may`begwewed in the office of the Glty CIerWTreasurer" .� .o_ . t rr ben+.orf Ccuniy My Com f i,