HomeMy WebLinkAbout08-03 RESOLUTION• •
RESOLUTION NO. 08-03
A RESOLUTION SUPPORTING THE CONCEPT OF BEVERAGE
CONTAINER DEPOSIT LEGISLATION IN THE UPCOMING
LEGISLATIVE SESSION.
WHEREAS, the roadsides of Arkansas are littered with empty beverage
containers; and
WHEREAS, this litter creates an image of Arkansas as a trashy, unkempt
state; and
WHEREAS, an aggressive beverage container recycling program can provide
for enhanced litter enforcement as well as promote a change in the attitudes of those
who litter; and
WHEREAS, the experience of other states has shown that beverage container
deposits are an effective means to reduce roadside litter; and,
WHEREAS, legislation should be enacted to adopt an effective and
aggressive beverage container recycling and litter reduction program to ensure the
protection of Arkansas' abundant natural beauty and its title as the Natural State.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
supports the concept of Beverage Container Deposit legislation in the upcoming
session of the Arkansas General Assembly.
POSED and APPROVED this 21
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. j}1
7:4
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day of January, 2003.
APPROVED:
By
DAN COODY, May
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
•
Resolution No. 08-03
Document
•
1
01/07/03
Resolution No. 08-03
2
12/03/02
Staff Review Form w/attachments:
11/26/02 memo to Mayor
8 City Council
draft resolution
information page: subject: Beverage Container Deposit Bill
Agenda Request form: Dan Coody
1/3/03 memo to Mayor and City Council
Foreward
draft house bill
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Proposed Legislation for the 2003 Session of the Arkansas
General Assembly
3
NOTES:
1/29/03 memo to Dan Coody
FAYETTEVIi.LE
THE CITY OF FAYETTEVIIIE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Dan Coody, Mayor
From: Heather Woodruff, City Clerk
Date: January 29, 2003
Attached is a copy of Resolution #08-03 supporting the concept of beverage container
deposit legislation in the upcoming legislative session. The original will be filed with the
City Clerk's office.
cc: Nancy Smith, Internal Auditor
XX Agenda Request
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For the Fayetteville City Council meeting of: December 3, 2002
FROM:
Dan Coody
Name
Division
Mayor's Office
Department
ACTION REQUIRED: Approve resolution of support for the
sponsored by the Arkansas Municipal League during the 2003
beverage container deposit legislation being
State Legislative Session
COST TO CITY:
na
Cost of this Request
Account Number
Project Number
Category/Project Budget
Funds Used to Date
Remaining Balance
Category/Project Name
Program Name
Fund
BUDGET REVIEW:
_Budgeted Item _Budget Adjustment Attached
Budget Manager
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY:
Accounting Manager
Date
City Aubmey
ADA Coordinator
at( Internal Auditor
Purchasing Officer Date
STAFF RECOMMENDATION: Approve resolution
Division Head Date
Administrative Services
Dir %• or
A'id .1e
Mayor
oC�
Dale .
11(2.0 (Oz
Dan{{(e
,/ 1P
Date
Date
Date
Date
Cross Reference
New Item: XXXXX Yes No
Prev Ord/Res #:
Orig Contract Date:
4
Page 2
_Description_
Comments:
Budget Coordinator
• •
STAFF REVIEW FORM
Meeting Date
Reference Comments:
Accounting Manager
City Attomey
Purchasing Officer
ADA Coordinator
Internal Auditor
•
FA YETTE VILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor and City Council
From: Gary Dumas
Date: Nov. 26, 2002
Subject: Beverage Container Deposit Legislation — Resolution of Support
The Arkansas Municipal League is sponsoring legislation which would implement a
beverage container deposit requirement.
This resolution will indicate the support of the City of Fayetteville for this litter reduction
legislation.
• •
RESOLUTION NO.
A RESOLUTION SUPPORTING THE BEVERAGE CONTAINER
DEPOSIT LEGISLATION IN THE UPCOMING LEGISLATIVE
SESSION.
WHEREAS, the roadsides of Arkansas are littered with empty beverage
containers; and
WHEREAS, this litter creates an image of Arkansas as a trashy, unkempt
state; and
WHEREAS, an aggressive beverage container recycling program can provide
for enhanced litter enforcement as well as promote a change in the attitudes of those
who litter; and
WHEREAS, the experience of other states has shown that beverage container
deposits are an effective means to reduce roadside litter; and,
WHEREAS, legislation should be enacted to adopt an effective and
aggressive beverage container recycling and litter reduction program to ensure the
protection of Arkansas' abundant natural beauty and its title as the Natural State.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL O 'PI -EE
CITY OF FAYETTEVILLE, ARKANSAS:i
, . o
Section 1. That the City Council of the City of F.20--eletr;kansas, hereby
supports the Beverage Container Deposit legislation inTie pcoming sessio of the
Arkansas General Assembly.
PASSED and APPROVED this 3rd day of D �e. ber, 2002.
/ APROVED:
t
,.:
1
ATTEST:
By:
EATHFR WOODRUFF, City Clerk
DAN COODY, Mayor
• •
Subject: Beverage Container Deposit Bill
The City of Fayetteville encourages the Municipal League to energetically
support a beverage container deposit bill.
The ad sid s of Arkansas are littered with beverage containers creating an
imag rkansas as a tras kempt State. An aggressive program can
provide for enhanced litter • .rcement as well as promote a change in the
attitudes of those who litter Such a program is necessary if the State of
Arkansas is to remain the Natural State and not become the Littered State.
The State of Arkansas is a State that abounds in natural beauty. That beauty
must be protected for ourselves and our children as well as for our growing
tourism industry.
Several other states have adopted effective and aggressive beverage
container deposit legislation. These programs encourage reuse and recycling
as well as litter control. These programs can provide funding for additional
litter enforcement as well as litter pickup and removal.
There are many legislative models from other States from which to pattern
our legislation. An effective and efficient program can be patterned after
other successes and can help assure the Arkansas will remain the Natural
State.
n Agenda Request
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BEVERAGE CONTAINER
A. 2. Page 1
For the Fayetteville City Council meeting of: January 21, 2003
FROM:
Dan Coodv Mayor's Office
- Name Division Department
ACTION REQUIRED: Approve resolution of support for the beverage container deposit legislation being
sponsored by the Arkansas Municipal League during the 2003 State Legislative Session
COST TO CITY:
na
Cost of this Request
Account Number
Project Number
Category/Project Budget
Funds Used to Date
Remaining Balance
Category/Project Name
Program Name
Fund
BUDGET REVIEW:
_Budgeted Item
Budget Manager
Budget Adjustment Attached
Administrative Services Director
•
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
Purchasing Officer
GRANTING AGENCY:
Date ADA Coordinator Date
Date Internal Auditor Date
Date Date
STAFF RECOMMENDATION: Approve resolution
Division Head
Department Director
Administrative Services
Director
Mayor
Date
Date
Date
Date
Cross Reference
New Item: X70001 Yes No
Prey Ord/Res #:
Orig Contract Date:
BEVERAGE CONTAINER
A. 2. Page 2
Page
Description_
Comments:
Budget Coordinator
• •
STAFF REVIEW FORM
Meeting Date
Reference Comments:
I. • 1:4
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
•
• •
FAYETTEVILLE
• THE CITY OF FAYETTEVILLE, ARKANSAS
•
•
DEPARTMENTAL CORRESPONDENCE
To: Mayor and City Council
From: Gary Dumas
Date: January 3, 2003
Subject:' Beverage Container Deposit Legislation — Resolution of Support
BEVERAGE CONTAINER
A. 2. Page 3
The Arkansas Municipal League is sponsoring legislation which would implement a
beverage container deposit requirement.
This proposed bill is within the League's packet of proposed legislation on page 28. The
propose language was prepared by the State Legislative Services Bureau. The City or the
League may continue to propose additional modifications to the current language.
This resolution will indicate the support of the City of Fayetteville for litter reduction
laws and will indicate the City's continuing interest in implementing appropriate
beverage container deposit regulation.
BEVERAGE CONTAINER
A. 2. Page 4
• •
Proposed Legislation
for the
2003 Session
of the
Arkansas
General Assembly
SPS TONIC/p44t
QCITY HALLO
1111111
%MAKE pG'
Arkansas Municipal League
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A. 2. Page 5
FOREWARD
This booklet contains drafts of proposed legislation for presentation to the 2003 Regular Session of the
Arkansas General Assembly.
The proposed legislation in this booklet will be presented to the 2003 Regular Session of the Arkansas
General Assembly on behalf of the 4961 member municipalities of the Arkansas Municipal League. These'bllb"
are a product of a lengthy and democratic process involving local officials as well as members of the general pub-
lic. These bills were generated, reviewed, debated and amended by various municipal advisory councils, pursuant
to resolutions passed at the League's 68th Annual Convention and during several League Executive Committee
meetings. Throughout this process, an effort has been made to solicit as much input as possible from local offi-
cials and municipalities.
We encourage city and town officials to present these bills to their state senators and representatives.
We thank the numerous municipal officials and legislators who listened, suggested and considered the
ideas contained in this booklet. Finally, we encourage your suggestions and continuing input as we strive for a
productive and positive legislative session.
Don A. Zimmerman Mark R. Hayes
Executive Director General Counsel
'There are a total of 500 incorporated cities and towns in Arkansas of which 496 are members of the
Arkansas Municipal League.
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BEVERAGE CONTAINER
A. 2. Page 6
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INDEX
An act to amend Arkansas Code § 26-35-902 to prohibit the use of the common fund
or substantial benefit theory as a basis for awarding attorneys' fees
in illegal exaction suits; and for other purposes
An act to amend Arkansas Code § 14-200-101 to restructure municipal franchise fees
assessed against electrical utilities; and for other purposes
An act to amend Arkansas Code § 14-43-312 to darify the procedure for staggering
the four-year terms for alderman in cities of the first class with less that
fifty.thousand (50,000) inhabitants; and other purposes
1
3
6
An act to amend Arkansas Code § 14-44-103 to give cities of the second class
the option of electing alderman to staggered four-year terms; and for other purposes 8
An act to amend Arkansas Code § 14-45-102 to provide incorporated towns with the option
of electing alderman to staggered four-year terms; and for other purposes
10
An act to amend Arkansas Code § 14-137-108 pertaining to the selection of members
of public facilities boards; and for other purposes 12
An act to repeal Arkansas Code § 16-92-113 pertaining to the distribution of fines
in district and other lower courts; and for other purposes
An act to repeal Arkansas Code § 27-14-313(c), which provides grounds for removing
certain public officials for falling, refusing, or neglecting to comply
with procedures governing the highway improvement fund; and for other purposes
An act to amend Arkansas Code § 14-45-106(d), to eliminate the exemption
of certain counties from the provisions governing the mayor's court
in incorporated towns; and for other purposes
An act amend Arkansas Code § 14-43-313 to remove language that has been superceded
by Arkansas Code §§ 14-43-303, 14-43-314,14-43-315 and 14-43-316;
and for other purposes
•
13 •
14
15
17
An act to provide for direct deposits by the state into the Arkansas Local Trust;
and for other purposes 18
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A. 2. Page 7
An act to amend Arkansas Code §•87-306 to provide public defender
representation in city courts 20
en act to amend Arkansas Code § 5-5-101 to ensure that property seized
by municipal law enforcement agencies and the moneys gained therefrom
are deposited in those city's and town's treasuries; and for other purposes 22
An act to allow local governments to enter into nondisdosure agreements with the
Arkansas Department of Finance and Administration regarding data
•
and information concerning local sales and use tax collection;
and for other purposes
An act to amend Arkansas Code § 8-4-103 to require notification of municipal governments
regarding certain environmental violations occurring within the corporate limits
and civil penalties being imposed; and for other purposes
An act to amend Arkansas Code Title 8, Chapter 9 to add an additional subchapter
to reduce litter; to facilitate beverage container recycling and require labeling
of beverage containers; to assess a beverage container recycling and litter reduction fee
and provide for distribution of the fee; to fund environmental education;
to allow the Arkansas Department of Environmental Quality to permit
redemption centers and adopt regulations; and for other purposes
iii
24
25 •
28
BEVERAGE CONTAINER
A. 2. Page 8
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36
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BEVERAGE CONTAINER
A. 2. Page 9
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
State of Arkansas
84th General Assembly
Regular Session, 2003
By: Representative <NA>
BE IT ENACTED
A Bill
For An Act To Be Entitled
AN ACT TO AMEND ARKANSAS CODE S 26-35-902 TO
PROHIBIT THE USE OF THE COMMON FUND OR
SUBSTANTIAL BENEFIT THEORY AS A BASIS FOR
AWARDING ATTORNEYS' FEES IN ILLEGAL EXACTION
SUITS; AND FOR OTHER PURPOSES.
Subtitle
AN ACT TO PROHIBIT THE USE OF THE COMMON
FUND OR SUBSTANTIAL BENEFIT THEORY AS A
BASIS FOR AWARDING ATTORNEYS' FEES IN
ILLEGAL EXACTION SUITS.
BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
111520020835
DRAFT
HOUSE BILL
SECTION 1. Arkansas Code S 26-35-902(a), authorizing the award of
in illegal exaction suits, is amended to read as follows:
the public policy of this state that a circuit and
may, in meritorious litigation brought under Arkansas
16, $ 13, in which the court orders any county, city,
illegally exacted by the
attorneys'
fees
(a)(1)(A) It is
eheneery eeufce court
Constitution, Article
or town to
refund
or return to taxpayers moneys
a reasonable part of the recovery of the
record and order the return or refund of the
county, city, or town, apportion
class members
to attorneys of
balance to the members of the class represented.
(B) Subdivision (a)(1) of this section applies only to
causes of action filed before the effective date of subdivision (a)(2) of
this section.
(2)(A) In suits brought under Arkansas Constitution, Article 16,
1
11152002AAF0835.1gr059
BEVERAGE CONTAINER
A. 2. Page 10
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HB
1 S 13, a trial court may award reasonable attorneys' fees and costs to the
2 attorneys of record for a taxpayer and class members if the taxpayer is the
3 prevailing party and the trial court orders the taxing entity to refund to
4 the taxpayer and class members the taxes illegally exacted.
5 (B) The trial court may* base an award of attorneys' fees on
6 factors that include the experience of the attorney, time spent litigating
7 the issues, the amount in controversy and the result obtained, customary fees
8 for similar services in the locale, the novelty and difficulty of the issues.
9 and the amount refunded to the taxpayers.
10 (C) It is the specific intent of the General Assembly that
11 in cases brought under Arkansas Constitution. Article 16. S 13. attorneys'
12 fees shall only be awarded under S 26-35-902(a)(2) and that neither the
13 "common fund" theory nor the "substantial benefit" theory as adopted by the
14 Arkansas Supreme Court shall be used as a basis for.awarding attorneys' fees
15 in suits brought under Arkansas Constitution. Article 16, S 13.
16 (D) Subdivision (a)(2) of this section applies only. to
17 causes of action filed on or after the effective date of subdivision (a)(2)
18 of this section.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
2 11152002AAF0835.jgr059
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BEVERAGE CONTAINER
A. 2. Page 11
Stricken language would be deleted from and underlloed language would be added to the law as It existed
prior to thb session of the General Assembly.
1 State of Arkansas 100820021456
2 th General Assembly A Bill DRAFT
3 Regular Session, 2003 HOUSE BILL
4
5 By: Representative <NA>
6
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND ARKANSAS CODE i 14-200-101 TO
10 RESTRUCTURE MUNICIPAL FRANCHISE FEES ASSESSED
11 AGAINST ELECTRICAL UTILITIES; AND FOR OTHER
12 PURPOSES.
13
14 Subtitle
15 TO RESTRUCTURE MUNICIPAL FRANCHISE FEES
16 ASSESSED AGAINST ELECTRICAL UTILITIES.
17
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code S 14-200-101(a), concerning the municipal
22 jurisdiction over utilities and utility franchise fees, is amended to read as
23 follows:
24 (a)(1) Acting by ordinance or resolution of its council,- or board of
25 directors,—e*, every city and town shall have jurisdiction to:
26 (A)111 Except as provided in f 23-4-201, determine the
27 quality and character of each kind of, and rates for, product or service to
28 be furnished or rendered by any non -electric public utility within the city
29 or town and all other terms and conditions, including a reasonable franchise
30 fee, upon which the non -electric public utility may be permitted to occupy
31 the streets, highways, or other public places within the municipality, and
32 the ordinance or resolution shall be deemed prima facie reasonable, provided
33 that no franchise fee shall exceed the higher of the amount in effect as to
34 that entity on January 1, 1997, or four and one-quarter percent (4/Z) of the
35 non -electric public utility's gross revenues, unless agreed to by the
36 affected utility or approved by the voters of the municipality;
3 10082002EAN1456.141F051
BEVERAGE CONTAINER
A. 2. Page 12
1 (ii)(a) Except as provided in § 23-4-201, determine
2 the quality and character of each kind of, and rates for, product or service
3 to be furnished or rendered by any electric public utility within the city or
4 town and all other terms and conditions,' including a reasonable franchise
5 fee, upon which the electric public utility may be permitted to occupy the
6 streets, highways, or other public places within the municipality, and the
7 ordinance or resolution shall be deemed prima facie reasonable if assessed on
8 a kilowatt hour or a consumption basisfor electricity delivered, except that
9 a separate rate shall be employed for the customer classes: residential,
10 commercial, and, if applicable, industrial.
11 (b) The initial assessment rates per kilowatt
12 hour shall be determined by dividing the franchise fee revenue received by
13 the municipality for calendar year 2001. or another twelve-month period
14 agreed to by the electric public utility and the municipality, for each
15 customer class by the kilowatt hours delivered by the local distribution
16 utility to that customer class for the same period.
17 (c) The electric public utility distributing
18 electricity within the municipality shall be responsible for collecting and
19 remitting the fee.
20 (d) Once assessed, the franchise rate per
21 kilowatt hour shall not be increased except by agreement of the affected
22 distributing electric public utility and the municipal governing body, or by
23 the voters of the municipality approving a higher rate through a municipal -
24 wide election;
25 (B) Require of any public utility such additions and
26 extensions to its physical plant within the municipality as shall be
27 reasonable and necessary in the interest of the public and to designate the
28 location and nature of all such additions and extensions, the time within
29 which they must be completed, and all conditions under which they must be
30 constructed;
31 (C) Provide a penalty for noncompliance with the
32 provisions of any ordinance or resolution adopted pursuant to the provisions
33 of this chapter;
34 (D) Nothing herein shall limit the authority of the public
35 utility to collect from its customers residing in each municipality an amount
36 which equals the franchise fee assessed by the municipality on the public
4 10082002EAN1456.VJF051