21093 r
1 ORDINANCE NO. 21,093
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
4 20,986 (JANUARY 20, 2015) TO ADD TWO (2) MEMBERS TO THE
5 LITTLE ROCK ENERGY IMPROVEMENT DISTRICT BOARD OF
6 DIRECTORS AND TO STAGGER THE TERMS OF THE MEMBERS OF
7 THE BOARD OF DIRECTORS; TO DECLARE AN EMERGENCY; AND
8 FOR OTHER PURPOSES.
9
10 WHEREAS, the City created an independent legal and financial authority with the authority to issue
11 bonds in order to permit the creation and implementation of,among other things,a Property Assessed Clean
12 Energy(PACE)Program in Little Rock,Ark.,Ordinance No. 20,986(January 20, 2015)("LRO 20,986");
13 and,
14 WHEREAS, the City accepted the recommendation that no member of the Board of Directors of this
15 authority be required to serve more than two(2)years on the Board,but has since determined that without
16 staggered terms the City risks the loss of any institutional knowledge if all members were to leave the Board
17 at the same time; and,
18 WHEREAS, the City also believes that the addition of two (2) more at-large members will assist in
19 the fulfillment of the goals of this program;
20 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
21 OF LITTLE ROCK,ARKANSAS:
22 Section 1. Section 1 of LRO 20,986, is hereby amended as follows with regard to subparagraph B:
23 B. Board of Directors,Membership,Terms of Office.
24 (1) The District shall be governed by a Board of Directors ("the EID Board") consisting
25 of nine (9) members. One (1) member shall be the Mayor, or the Mayor's designee. The
26 remaining eight (8) members shall be qualified electors of the District nominated by the
27 Mayor and approved by majority vote of the Little Rock City Board of Directors, each to
28 serve a term of three(3)years,except as set forth in subparagraph(2)below.The remaining
29 eight (8) members of the EID Board shall be comprised of qualified candidates having
30 background,experience,and expertise in at least one(1)of the following areas:
31 (a) Municipal finance, banking, commercial lending, or a combination of the
32 three.
33 (b) Public accounting.
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1 (c) Real estate development and commercial construction.
2 (d) Legal services.
3 (e) Architecture,professional engineering,or a combination of both.
4 (f) The advanced energy industry,including energy efficiency or"green building"
5 contracting and consultation.
6 The City Board of Directors shall give due consideration to candidates with
7 connections or relations with local utility companies,lending or bonding institutions
8 and relevant trade and economic development groups and associations.
9 (2) The membership of the Board of Directors, after a full complement of nine (9)
10 members have been selected, notwithstanding the fact that the general term of office is
11 three (3) years after the initial terms are complete, shall draw lots to determine how the
12 eight(8)members,besides the Mayor or the Mayor's designee,will serve terms initially.
13 (a) Of the original six(6)members,other than the Mayor or the Mayor's designee,
14 the members shall draw lots to determine which three(3)shall serve three(3)-
15 year terms initially,and which three shall serve two(2)-year terms initially.
16 (b) The two(2)new members authorized by this ordinance shall originally serve a
17 one(1)-year term.
18 (c) After this initial set of terms,all persons selected for a full term shall serve three
19 (3)years.
20 (d) Any person chosen to complete the unexpired term of a member,for any reason
21 whatsoever, shall serve until the regular term of the departing member has
22 expired.
23 (e) The initial terms of the members as determined in subsections(a)and(b)above
24 shall be deemed to have started once the process for determine the length of
25 terms has been completed.
26 (f) Nothing in this process suggests that any member of the EID Board is precluded
27 from serving a successive term, nor that for the original members of the EID
28 Board with a term of less than three(3)years shall be considered to have served
29 a full term for purposes of City policy as to tenure on City Boards and
30 Commissions.
31 Section 3.Severability. The various parts,sections and clauses of this ordinance are hereby declared to
32 be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by
33 court of competent jurisdiction,the remainder of this ordinance shall not be affected thereby.
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1
1 Section 5.Repealer. All laws,ordinances,resolutions,or parts thereof in conflict with the provision of
2 this ordinance are hereby repealed to the extent of such conflict specifically including, but not limited to,
3 Little Rock, Ark., Resolution No. 14,155 (July 7, 2015).
4 Section 6. Emergency. The Board of Directors hereby determined that there is a need for continued
5 knowledge of the PACE Board, and that the possibility of all members having terms expire at the same
6 time, with the concomitant loss of institutional history, does not promote the public health, safety, and
7 welfare; therefore, an emergency is hereby declared to exist, and this shall be in full force and effect from
8 and after its passage and approval.
9 PASSED: September 1,2015
10 • E APPROVED:
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12 moiiti /7L '- --
13 un. ey,City Clerk Mark Stodola,lciayor
14 AP' ' I . 0 AS TO LEGAL FORM:
15
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17 Thomas M. Carpenter,pity Attorney
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