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RESOLUTION NO. 11,513
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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.
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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
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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,
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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
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