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11513n U RESOLUTION NO. 11,513 L� A RESOLUTION EXPRESSING THE INTENT OF THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK TO CREATE AND ESTABLISH THE LITTLE ROCK NEIGHBORHOOD AUDIT AND COMPLIANCE COMMITTEE; AND FOR OTHER PURPOSES. WHEREAS, the City has previously acknowledged and determined through the Vision - Little Rock process the need for a new, reliable funding source for addressing a variety of infrastructure needs of the City, of which the streets and drainage are a major component; and WHEREAS, contemporaneous with the presentation of this Resolution, the Board of Directors of the City of Little Rock, Arkansas (the "City ") has expressed its intention to submit to the electors of the City at a special election, the question of whether to levy and collect a one - half of one percent (0.5 %) local sales and use tax (the "Infrastructure Tax ") the proceeds of which would be devoted to capital improvements to and maintenance of streets and drainage facilities within the City; and WHEREAS, to aid and further the implementation of the proposed program of street and drainage improvements, the City has further determined that the creation of an oversight committee comprised of citizens of the City will be a benefit to the Board of Directors, the city staff and the citizens; and WHEREAS, the Board of Directors desires, subject to the provisions of this Resolution, to create and establish said citizen's oversight committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS, AS FOLLOWS: Section 1. On or before May 27, 2003, the Board of Directors shall create and establish the "Little Rock Neighborhood Audit and Compliance Committee;" by its adoption of an oversight ordinance substantially in the form attached as Exhibit "A" to this Resolution. Section 2. It is understood that the Board of Directors may make such modifications, changes or other alterations to the form of the oversight ordinance as the Board of Directors shall deem advisable to best effectuate the intent of this Resolution. Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or word of this Resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the Resolution which shall continue in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the Resolution. Section 4. Repealer. All laws and parts of laws inconsistent with the provisions of this Resolution are hereby repealed to the extent of such'ihconsistency. D \FINN rofiles \nwoodUT.,mry Inrcrww Files \OLK19Mesoluion. DOC CI • Section 5. This Resolution shall be in effect from and after the date of its adoption. Adopted: May 13, 2003. APPROVED: 0 Jim Dail v Mayor ATTESTED: Nan6 Woo�rCty Clerk APPROVED AS TO LEGAL FORM: t Thomas M. Carpenter, CityVAttorney D \WINNWrofles\nwm Tempo Intemn FiWOLAIgMes lution.DOC EXHIBIT "A" ORDINANCE NO. AN ORDINANCE TO CREATE AND ESTABLISH THE CITY OF LITTLE ROCK NEIGHBORHOOD AUDIT AND COMPLIANCE COMMITTEE; TO ESTABLISH MONTHLY REPORTING TO SAID OVERSIGHT COMMITTEE OF EXPENDITURE OF FUNDS COLLECTED FROM CERTAIN SALES AND USE TAXES; AND FOR OTHER PURPOSES. Section 1. There is hereby created and established the City of Little Rock Neighborhood Audit and Compliance Committee (the "Committee "), which shall have oversight of the expenditure of public money collected pursuant to a one -half of one percent (0.5 %) local sales and use tax authorized by Ordinance No. , adopted May 13, 2003 (the "Sales Tax Ordinance ") and such other duties as may be prescribed by law. Section 2. The Committee shall be composed of seven residents selected as follows: (a) Positions 1 and 2; the City Board of Directors shall select two persons from five nominations by the City's Neighborhood Connections organization of neighborhood associations representing all wards of the City of Little Rock. (b) Positions 3, 4 and 5; the City Board of Directors shall select three persons, one of whom shall be a certified public accountant, and one of whom shall be a registered professional engineer; and one of whom shall be at large. (c) Position 6; the City Board of Directors shall appoint one member from the Little Rock Planning Commission. (d) Position 7; the City Board of Directors shall select one person from three nominations by Little Rock Now, Inc. Section 3. The Committee shall elect one of its members chairman, who shall serve a two year term. Other members of the Committee shall serve three (3) year terms which shall be staggered by lot at the first meeting of the Committee with two members serving three -year terms; two serving two -year terms, and two serving one -year terms. All members may succeed themselves. In the event of a vacancy occurring during a term in positions 1, 2, 3, 4, 5, or 7 the City Board of Directors shall appoint a successor having the same qualifications for the position in which the vacancy occurs. Section 4. (A) Prior to appropriations by the City Board of Directors of any funds collected pursuant to the Sales Tax Ordinance, the City Manager shall report monthly to the Committee concerning use of funds collected pursuant to the Sales Tax Ordinance. The report shall be in writing and submitted to the Committee for as long as the funds collected pursuant to the Sales Tax Ordinance are unexpended. The report shall describe: (1) proposed expenditures of funds collected pursuant to the Sales Tax Ordinance; (2) money expended from all sources, D \WINK ,.fikc k.n o Tan,mry In,.. riWOLK19rV 1e 1n ioNahA wmm 03 0515.1 0 including the tax authorized by the Sales Tax Ordinance, on all streets and drainage within the City; and (3) the status of construction and planning for all streets and drainage in the City. (B) In the absence of an emergency situation such as an Act of God, a terrorist act or an act of war, no appropriation or expenditure of funds collected pursuant to the Sales Tax Ordinance shall be authorized by any person until the report described in sub - section (A) hereof has been submitted to the Committee for a period of ten days. In the event a proposed expenditure is objected to by a majority of the Committee, no money shall be expended for the proposed expenditure to which an objection has been made until appropriated by the City Board of Directors after a public hearing. In the event of such objection then (1) the resolution or ordinance to authorize the expenditure shall not be treated as a consent or grouped item, and (2) the Chair of the Committee, or his designee, shall be provided sufficient time at the Board meeting to outline and discuss the objection of the Committee. Section 5. Severability. In the event any title, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the Ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the Ordinance. Section titles are for identification only and do not constitute operative parts of this Ordinance. Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. Section 7. This Ordinance shall only become effective on the date the electors approve the tax authorized by the Sales Tax Ordinance. APPROVED: 24�(itN Jim VJ iley, Mayor ATTESTED: Nancy Wood, City Clerk APPROVED AS TO LEGAL FORM: Thomas M. Carpenter, City Attorney D\W NNNrofles \nwoW\Temporazy Internet FiW0LK 19MRew1u1ionGxhA Comm 030515,DOC