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HomeMy WebLinkAbout83-99 RESOLUTION• • RESOLUTION NO. 83-99 A RESOLUTION AUTHORIZING THE APPOINTMENT AND/OR REAPPOINTMENT OF CARL COLLIER AND GREG HOUSE TO THE BOARD OF COMMISSIONERS OF THE DICKSON STREET IMPROVEMENT DISTRICT NO. 1 NUNC PRO TUNC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1 That the City Council hereby authorize the appointment and/or re -appointment of Carl Collier and Greg House to the Board of Commissioners of the Dickson Street Improvement District No. 1 Nunc Pro Tunc. fPA PASSED AND APPROVED this 15th day of June , 1999.• i-t r \10 yK•y.l ;j Vii' ATTEST: `,=, By: .. Heather Woodruff, City Clerk APPROVED. By Ffed Hanna, Mayor A>OVTT 1. DAYat, O. WYRft 1L OCX t1LOi111•. W1etnatt (Y M*tAVIDt O. CLAIM Wit 0.C1000n Nuri 11 .-LY CIABI1 1141 DOM A *AYLO* PAUL N. TAfl41 N110.1 O. Y.10 uvu N. Aswtss 14ata W. R1M0NYT s. I..VA`t 11111 • is 143• c9 DAVIS; COX & WRIGHT PLC Al-nmeiaiYp AT Lw 1:0. ROC 111A rAYarrava a, aa_atat a 72t00J S** VIA FACSIMILE 443-0864 Mr. Trent Trumbo City Alderman VIA FACSIMILE 575-8315 Mr. Jerry Rose Fayetteville City Attorney Dear Trent and Jerry: 1t tart YYVMNN 11tin/VT June 4, 1999 RE. Reconfirmation of Improvement District Commissioners • I understand that Dickson Street Improvemem District Commissioners Carl Collier and Greg House have requested Trent bring action before the City Board to confirm their appointments as Commissioners by reappointing them. This was upon my advice. One of the criticisms leveled by Lamer Pettus and Richard Shewmaker in their recent petition to remove Carl Collier was that he had not timely filed his oath of office with the City Clerk. This was an accurate allegation. In addition, it has been noted to me by Lamar Pettus that Greg Rouse has also not properly filed his oath of office. • The Arkansas statutes specifically provide that an Improvement District Commissioner must sign a prescribed oath of office and actually file that oath of office with the City Clerk within ten days ofhis appointment. Any person complaining of this technical shortfall may petition the Circuit Court of Washington County for the Commissioner's removal, which the court will grant ifthc allegations are Justified. In this particular case, Carl Collier signed his oath of office within ten days of being appointed in July 1988, but did not actually file the oath of office with the City Clerk until four days later. Greg House signed his oath of office, several months after he was actually appointed, but has never formally filed it with the City Clerk Thus, neither of these Commissioners is technically in compliance with the statute and is subject to being removed at any time should a proper petition be brought before the circuit court. I have discussed the underlying circumstances and the appropriate remedy with Jerry Rose.. It appears that both of these gentlemen were properly appointed by the City Board after due JUN -04-1999 03:15 5217661 p•g2 peseta eals Mr. Trent Trumbo Mr. Jerry Rose June 4, 1999 Page 2 • consideration of a slate of candidates. Each has signed their oath of office; each has served in good faith on the Commission; each desires to continue serving, the only barrier being this technical noncompliance. Jerry and I agree that the appropriate remedy is for the City to reappoint them and, within ten days of that reappointment, the proper oaths be duly filed. The propriety of Carl Collier continuing tq serve has recently been directly and exhaustively challenged, unsuccessfully, before the City Board and it seems to me to be inappropriate to reconsider those factual issues when there is really nothing new to be said. To my knowledge, no one has challenged the quality of service by Greg House and there is no reason to remove him on this technicality. For these reasons, we are hoping the City Board will see fit to correct this technical deficiency and properly confirm the appointment of these two Commissioners who have been serving in good faith since their original appointment. Thanks for your assistance in this regard. WJB/cr cc: Mr. Carl Collier Mr. Greg House JUN -04-1999 03:15 Sincerely, DA s cox & WRIGHT air William Jackson Butt II 5217661 P.03