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HomeMy WebLinkAbout229-12 RESOLUTIONRESOLUTION NO. 229-12 A RESOLUTION DESIGNATING MEMBERS OF THE CITY DEPOSITORY BOARD, AS ESTABLISHED BY ARKANSAS CODE § 19-8-106 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 designates the following persons, to the extent required or authorized by state law, to serve as the City Depository Board, as established by Arkansas Code § 19-8-106: A. Mayor B. City Finance Director C. That member of the City Council who is Vice -Mayor. PASSED and APPROVED this 4th day of December, 2012. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Paul A Becker Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/4/2012 City Council Meeting Date Agenda Items Only Finance and Internal Services Finance Division Action Required: Department This is a request that the City Council establish a three member board to designate depositories and supervise the depositing of municipal funds as required by Arkansas code 19-8-106 (b) N/A Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Department Director Cityttorney Finance and Internal Services Director 1-14-241`Z Date -- Date Date Date /.//07/./9— Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 1 1-1 5- 1 2 PO4:43 R C V D Clerk's Office Comments: Revised January 15, 2009 a' vF�ille THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr,Chief of Staff From: Paul A Becker Date: November 16, 2012 Subject: To establish a three member board to designate depositories and supervise the depositing of municipal funds. PROPOSAL: It has come to my attention that a statute was enacted in 2011 that requires the establishment of a depository board to designate depositories and supervise the depositing of municipal funds (section 19-8- 106.The statute identified the members of that board as the mayor, a city council member selected by the council and city clerk -treasurer. However, the statute provides that the members of the city council may replace one of those members with the city finance official or other official. I would like to recommend that the city council substitute the city clerk -treasurer official with the finance and internal services director as the third member of the board. This is being requested because of the operating structure of the City of Fayetteville and the functions the finance and internal services director currently perform. Since the position titles of staff sometimes change, I recommend that I specifically be named or my successor. I have discussed the substitution of the finance and internal services director for the city clerk - treasurer with our current clerk- treasurer and she concurs with that request. I would also recommend that the council identify the city council representative on the depository board as the vice -mayor. RECOMMENDATION: That city council establish a depository board consisting of the mayor, vice -mayor and Paul A Becker or his successor. BUDGET IMPACT: None RESOLUTION NO. A RESOLUTION DESIGNATING MEMBERS OF THE CITY DEPOSITORY BOARD, AS ESTABLISHED BY ARKANSAS CODE § 19-8-106 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 designates the following persons, to the extent required or authorized by state law, to serve as the City Depository Board, as established by Arkansas Code § 19-8-106: A. Mayor B. City Finance Director C. That member of the City Council who is Vice -Mayor. PASSED and APPROVED this 4th day of December, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Lexis:Nexis Arkansas Code of 1987 Annotated Official Edition © 1987-2012 by the State of Arkansas All rights reserved. *** Legislation is current through the 2012 Fiscal Session and updates *** *** received from the Arkansas Code Revision Commission through *** *** August 1, 2012. *** *** Annotations are current through July 3, 2012. *** Title 19 Public Finance Chapter 8 Depositories for Public Funds Subchapter 1 -- General Provisions A.C.A. § 19-8-106 (2012) 19-8-106. Depository boards. Page 1 (a) (1) The quorum court of each of the several counties shall by ordinance establish a county depository board. The county depository board is to be composed of the county judge, the county treasurer and county collector, or the sheriff when acting as ex officio tax collector, or those officials performing the duties of the above officials where an elective county office has been changed in accordance with Arkansas Constitution, Amendment 55. (2) The board shall designate depositories and supervise the depositing of all county funds and all other public funds held by the county treasurer, except funds of a school district, and shall also designate depositories and supervise the depositing of all funds collected and held by the county collector. (3) The board may also require county officials to settle with the county treasurer more frequently than required by Arkansas law. (b) (1) Except as provided in subdivision (b)(2) of this section, the following persons shall constitute a three-member board to designate depositories and supervise the depositing of municipal funds: (A) A mayor; (B) A city clerk or recorder or clerk -treasurer or recorder -treasurer; and (C) A city council member selected by the city council. (2) Although the board shall not total more than three (3) members, the city council may replace one (1) of the three (3) board members listed in subdivision (b)(1) of this section with the city finance officer or other official. (3) A majority of the board members shall be necessary to conduct business and to constitute a quorum. Page 2 A.C.A. § 19-8-106 (c) The commissioners of road, drainage, levee, and other improvement districts shall designate depositories and supervise the depositing of funds of their respective districts. (d) The board of directors of any school district shall constitute a board to designate depositories and supervise the depositing of school district funds. All school district funds, whether held by the treasurer of the school district or by the county treasurer, shall be deposited as designated by the board of directors. HISTORY: Acts 1935, No. 21, § 2; Pope's Dig., § 4328; Acts 1945, No. 57, § 1; 1973, No. 107, § 1; A.S.A. 1947, § 13-802; Acts 1987, No. 250, § 1; 2011, No. 619, § 1. NOTES: Amendments. The 2011 amendment rewrote (b). HIERARCHY NOTES: Tit. 19, Ch. 8 Note Tit. 19, Ch. 8, Subch. 1 Note