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RESOLUTION NO. 11,911
2 A RESOLUTION TO SUPPORT THE INTRODUCTION OF
3 LEGISLATION TO AMEND THE PUBLIC FACILITIES BOARD ACT
4 TO PERMIT MEMBERS WHO HAVE SPECIAL EXPERTISE TO BE
5 NONRESIDENTS, OR TO BE EXEMPT FROM TERM LIMITS, OR
6 BOTH, IN COUNTIES HAVING A POPULATION OF 150,000 OR
7 MORE AND MUNICIPALITIES HAVING A POPULATION OF 100,000
8 OR MORE; AND FOR OTHER PURPOSES.
9 WHEREAS, Boards created by a county or municipality pursuant to the Public
10 Facilities Board Act (the "Act ") may expand to carry out operations outside their
11 original boundaries via interlocal agreement or contract; and
12 WHEREAS, the Act currently provides that board members can be nonresidents
13 in counties with a population of less than 150,000 and municipalities with a population
14 of less than 100,000; and
15 WHEREAS, the City desires a similar flexibility with its boards created pursuant
16 to the Act, to include non - residency and waiver of term limits for board members with
17 special expertise.
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
19 THE CITY OF LITTLE ROCK, ARKANSAS:
20 Section 1. The City agrees to support legislation to amend Ark. Code Ann. §14-
21 137 -108 (b)(2) of the Public Facilities Board Act to allow a City Board of Directors or
22 County Quorum Court to provide that members with special expertise may be non -
23 residents and further, that the Board of Directors or County Quorum Court may waive
24 term limits to permit additional terms. The City Manager is directed to find a sponsor
25 for this legislation and to coordinate efforts with Pulaski County to promote its passage
26 at the legislature.
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Resolution
Pulaski County Animal Services
I Section 2. Severability. In the event any title, section, paragraph, item, sentence,
2 clause, phrase, or word of this resolution is declared or adjudged to be invalid or
3 unconstitutional, such declaration or adjudication shall not affect the remaining
4 portions of the resolution which shall remain in full force and effect as if the portion so
5 declared or adjudged invalid or unconstitutional was not originally a part of the
6 resolution.
7 Section 3. Repealer. All ordinances and resolutions inconsistent with this
8 resolution are hereby repealed to the extent of such inconsistency.
9 ADOPTED: February 1, 2005
10
11 ATTEST:
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13 �
14 Na cy W d, City Clerk
15
16 APPROVED AS TO LEGAL FORM:
17 k
19 Thomas M. Carpenter, Cit Attorney
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Resolution
To Amend Public Facilities Board Act
APPROVED:
G
Jim diley, Mayor
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State of Arkansas
85th General Assembly A BILL
Regular Session, 2005
By:
For An Act To Be Entitled
"AN ACT TO AMEND ARKANSAS CODE 14- 137 -108 (b)(2),
RELATING TO THE QUALIFICATIONS AND TERMS OF
MEMBERS OF COUNTY AND MUNICIPAL PUBLIC FACILITIES
BOARDS, TO PERMIT MEMBERS WHO HAVE SPECIAL
EXPERTISE TO BE NONRESIDENTS, OR TO BE EXEMPT
FROM TERM LIMITS, OR BOTH, IN COUNTIES HAVING A
POPULATION OF ONE HUNDRED FIFTY THOUSAND (150,000)
OR MORE AND MUNICIPALITIES HAVING A POPULATION
OF ONE HUNDRED THOUSAND (100,000) OR MORE; AND FOR
OTHER PURPOSES."
Subtitle
"AN ACT TO AMEND ARKANSAS CODE 14- 137 -108 (b)(2),
RELATING TO THE QUALIFICATIONS AND TERMS OF
MEMBERS OF COUNTY AND MUNICIPAL PUBLIC FACILITIES
BOARDS; TO PERMIT MEMBERS WHO HAVE SPECIAL
EXPERTISE TO BE NONRESIDENTS, OR TO BE EXEMPT
FROM TERM LIMITS, OR BOTH, OR IN COUNTIES HAVING A
POPULATION OF ONE HUNDRED FIFTY THOUSAND (150,000)
OR MORE AND MUNICIPALITIES HAVING A POPULATION
OF ONE HUNDRED THOUSAND (100,000) OR MORE."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code 14- 137 -108 (b)(2) is amended to read as follows:
"(2)(A) The initial members shall be appointed by the mayor of the creating municipality
or the county judge of the creating county subject to confirmation by the governing body of the
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municipality or county for terms as determined by the governing body of the municipality or
county. The terms shall be set in such manner as will result in the expiration of terms on a
staggered basis.
(B) Successor members shall be appointed by the mayor of the creating municipality or
the county judge of the creating county subject to confirmation by the governing body of the
municipality or county for terms as determined by the governing body of the municipality or
county. The terms shall be set in such manner as will result in the expiration of terms on a
staggered basis.
(C) Each member shall serve until his successor is elected and qualified.
(D) A member shall be eligible to succeed himself.
(F) The governing body of the municipality or county may, by ordinance, limit the number
of terms a person may serve on the board.
(G) Members who have special expertise as designated by the governing body of the
municipality or county:
(i) are not required to be residents of the municipality or county that has created the
public facilities board; or
(ii) can be exempted from term limits by ordinance of the governing body of the
municipality or county;
(iii) or both."