185731 • ORDINANCE NO. 18, 573
2
3 AN ORDINANCE TO AMEND CHAPTER 25 OF THE LITTLE
4 ROCK, ARK., REV. CODE TO COMPLY WITH
5 AMENDMENTS TO STATE LAW REGARDING THE
6 OPERATION OF THE LITTLE ROCK PORT AUTHORITY;
7 TO DECLARE AN EMERGENCY; AND FOR OTHER
8 PURPOSES.
9
10 WHEREAS, the City has previously created the Little Rock Port Authority pursuant to state
11 statute, and proscribed various methods and procedures concerning the operation of the Port
12 Authority, all pursuant to state statutes, and
13 WHEREAS, it has been determined that the state statutes addressing municipal port
14 authorities have been amended in recent years and therefore the city ordinances need to be amended
15 to reflect the changes in state law, and
16 WHEREAS, more specifically Act 735 of 1991 amending Ark. Code Ann. §§ 14 -186-
17 203(a)(2)(B)(i), 14.186- 203(a)(2)(B)(ii), 14- 186- 203(bxl), 14- 186- 203(b)(2XA), 14- 186-203(bx2)(BKi),
18 and 14- 186- 203(b)(4) was adopted necessitating changes to Little Rock, Ark., Rev. Code §§ 25 -2, 25-
19 3 and 254, and
20 WHEREAS, Act 1045 of 1997 amending Ark. Code Ann. § 14- 186-214(a) was adopted
21 necessitating changes to Little Rock, Ark., Rev. Code § 25-6.
22 NOW, THEREFORE, BE TT ORDAINED BY THE BOARD OF DIRECTORS OF THE
23 CITY OF LITTLE ROCK, ARKANSAS:
24 Section 1. Little Rock, Ark., Rev. Code § 25 -2 (1988) is hereby amended to be read in
25 its entirety as follows:
26 Members
27 (a) The port authority shall consist of and be governed by a board of five (5)
28 members who are qualified electors residing in the city. Board members shall be appointed
29 by the mayor. The members of the board shall initially be appointed for periods of one (1),
30 two (2), three (3), four (4), and five (5) years respectively. Successor board members shall
31 hold office for a term of five (5) years and shall serve until their successor has been appointed
32 and qualified. The members of the board shall receive no compensation for their services.
33 No member of the board shall engage financially in any navigational or river port enterprise
34 while a member of the board.
1 (b) Any member of the board may be removed by the mayor, provided such removal
2 is approved by the board of directors.
3
4 Section 2. Little Rock, Ark., Rev. Code § 25 -3 (1988) is hereby amended to be read in
5 its entirety as follows:
6 Meetings
7 The board of the port authority shall meet upon the call of its chairman, but not less
8 than monthly, or upon call of the board of directors of the city.
9
10 Section 3. Little Rock, Ark., Rev. Code § 25-4 (1988) is hereby amended to be read in
11 its entirety as follows:
12 Officers
13 If the mayor is a member of the port authority, the mayor shall be chairman of the
14 board. If the mayor is not a member of the port authority, the chairman shall be elected by
15 the membership of the authority. The board shall elect one (1) of their number as vice
16 chairman, and shall elect a secretary and a treasurer, who need not necessarily be members
17 of the board. The authority shall require a surety bond of the person appointed treasurer in
18 such amount as the authority may fix, and the premiums thereon shall be paid by the
19 authority as a necessary expense of the authority.
20
21 Section 4. Little Rock, Ark., Rev. Code § 25 -6 (1988) is hereby amended to be read in
22 its entirety as follows:
23 Fiscal limitations and procedures
24 All revenue derived from the operation of the port authority, after paying operation
25 expenses and maintenance, shall be set aside and used for additional improvements, reserves
26 for depreciation, or for the retirement of bonds and interest thereon issued by the board of
27 directors of the city in the manner now provided by law. All authority funds shall be
28 deposited in a bank or banks designated by the authority. No funds of the authority shall be
29 disbursed except for a purpose authorized by law and only when the account or expenditure
30 for which the same is to be given in payment has been approved by the authority.
31
32 Section 5. Severability. In the event any section, paragraph, item, sentence, clause,
33 phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
34 declaration or adjudication shall not affect the remaining portions or the ordinance which shall
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1 remain in full force an effect as if the portion so declared or adjudged invalid or unconstitutional was
2 not originally part of the ordinance.
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4 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
5 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such
6 inconsistency.
7
8 Section 7. Emergency. The Board of Directors has determined that the current ordinances
9 addressing the Little Rock Pon Authority are inconsistent with current state law and the Board of Directors
10 considers it essential to preservation of the public health, safety and welfare that City ordinances and state law be
I 1 consistent with each other; • therefore, an emergency is declared to exist, in order to permit a date certain for the
12 applicability of these provisions, and this ordinance shall be in full force and effect from and after the date of its
13 passage.
14
15 PASSED: October 2, 2001
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17 ATTEST: APPROVED:
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20 Nancy ood, ity Clerk J' alley, ASayor
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22 APPROVED AS TO LEGAL FORM:
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25 Thomas M. Carpenter, Ci ttorney
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