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Home My WebLink About22831 1 ORDINANCE NO.22,831 2 3 AN ORDINANCE TO AMEND, REPEAL, OR RECONCILE PRIOR MU- 4 NICIPAL LEGISLATION TO COMPLY WITH STATE STATUTES AS TO 5 IMPROVEMENT DISTRICTS IN RELATION TO THE PECAN LAKE 6 RECREATIONAL IMPROVEMENT DISTRICT NO. 4; TO DECLARE AN 7 EMERGENCY;AND, FOR OTHER PURPOSES. 8 9 WHEREAS,the Pecan Lake Recreational Improvement District No. 4 ("the District"or"PLRID 4") 10 was created pursuant to Little Rock,Ark.,Ordinance No. 17,310(November 7, 1996)("LRO No. [date]"), 11 and the assessment of benefits for properties within the District approved in LRO No. 17,401 (February 18, 12 1997); and, 13 WHEREAS, the membership of the board of commissioners for PLRID 4 was expanded from three 14 (3)to five(5)members pursuant to LRO No. 22,035 (September 7, 2021) upon receipt of a petition to do 15 so signed by nineteen percent(19%)of the property owners within the District, but Section 4 of this ordi- 16 nance incorrectly stated that members would serve a term of five(5)years instead of a three-year term as 17 set forth in Ark.Code Ann. § 14-88-301; and, 18 WHEREAS, it is necessary to amend LRO No. 22,305 to assure that the maximum term for a PLRID 19 4 Commissioner is only three(3)years; and, 20 WHEREAS,pursuant to directions from the City and privately retained counsel Mark Stodola,a draw- 21 ing was held on August 29,2026, for staggered terms of four(4)of the potentially five(5) PLRID 4 com- 22 missioners; and, 23 WHEREAS, it is important to amend LRO No. 22,035 (September 7, 2021), and to modify any ap- 24 pointments that occurred pursuant to this ordinance to reflect the maximum statutory term of three(3)years 25 so that going forward,the administrative actions of the board of commissioners are done appropriately; 26 NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 27 OF LITTLE ROCK,ARKANSAS: 28 Section 1. Section 4 of LRO 22,305 is hereby amended to read as follows: 29 Terms of Office. Pursuant to Ark. Code Ann. § 4-88-301(a)(1)(A)(iiXb), a commissioner 30 on the Board of Commissioners of the Improvement District is limited to three (3)three- 31 year terms.Terms shall initially staggered for terms of one(1)year,two(2)years,and three 32 (3)years,as determined by lot,with each term counting toward the three-term limit. [Page 1 of 3] 1 Section 2. Pursuant to action taken on August 29, 2026, the following four members of the 2 PLRID 4 Commission,and their new term of office,provided no one will serve more than nine(9) 3 years, are as follows: 4 (a) Denise White One(1)year; 5 (b) Henry Gilmore Two(2)years; 6 (c) Kim Collier Two(2)years; 7 (d) Sherry Enoch Three(3)years. 8 Section 3. The remaining member of the PLRID 4 commission shall be selected in accordance with 9 the provisions of state statute, and the name of the person selected to fill a two(2)year term on the board 10 of commissioners shall be provided to the City on or before December 31,2026. 11 Section 4. Notwithstanding the provisions of Section 3 of this ordinance, all future appointments to 12 the board of commissioners of PLRID 4 may be accomplished by resolution of the Board of Directors. 13 Section 5. All members of the board of commissioners shall promptly complete the oath of office, 14 including the assurance that as an improvement district commissioner they will not benefit financially from 15 any contract with the District during their term of office,and will have such oath filed with the City Clerk. 16 Section 6. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase or 17 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudi- 18 cation shall not affect the remaining portions of the ordinance which shall remain in full force and effect as 19 if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the ordinance. 20 Section 7.Repealer. All laws, ordinances, resolutions, or parts of the same,that are inconsistent with 21 the provisions of this ordinance are hereby repealed to the extent of such inconsistency including, but not 22 limited to LRO 22,035 (September 7,2021),and LRR No. 16,839(October 6, 2025). 23 Section 8.Emergency Clause.It is necessary to assure that the membership of the board of commis- 24 sioners for PLRID 4 be, and is,properly appointed and established in appropriate terms of office in order 25 to conduct the business of the District, to assure the proper payments of funds, to complete appropriate 26 audits as required by law, and for all other purposes set out by state law; such necessity is essential to the 27 public health, safety and welfare; therefore, this ordinance shall be in full force and effect from and after 28 the date of its passage. 29 PASSED: September 1,2026 30 // 31 // 32 // 33 // 34 // [Page 2 of 3] 1 ATTEST: APPROVED: 2 3 4 5 Allison Segars,City k Frank Scott,Jr.,Mayor 6 APPROVED AS TO LEGAL FORM: 7 8 /14 /27) • .t.triti_k_ 9 Thomas M.Carpenter,City Attorney 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // [Page 3 of 3]