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815ww5. ` V / ORDINANCE N0. AN ORDINANCE CREATING AN AUDITORIUM COMMISSION, APPOINTMENT OF MEMBERS AND DESIGNATING TERMS, CREATING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. There is hereby created a commission for the purpose of operating and managing the Municipal Auditorium of the City of West Memphis, Arkansas, in accordance with the provisions of Sections 19-2601 through 19-2613, Arkansas Statutes. Section 2. Arkansas Statute ~ 19-2601. Creation of commission to manage auditorium in cities of first class.--Hereafter any city of the first class that owns and operates a municipal auditorium may, by appropriate action of its City Council, create a Commission for the purpose of operating and managing said auditorium. (Acts 1939, No. 355, ~ 1, p • 9~+9 • ) Section 3. Arkansas Statute ~ 19-2602. Passage or repeal of ordinance creating commission--Qualifications of commissioners.-- Any city desiring to avail itself of the benefits of this act (~~ 19-2601-19-2613), may by a majority vote of the duly elected and qualified members of its City Council enact an ordinance creating an Auditorium Commission to be composed of five (5) citizens who are qualified electors of the municipality; and may be (by) an affirmative vote of three-fourths (3/~+) of the duly elected and qualified members of the City Council repeal said ordinance creating such Commission. No member of such Commission created under the provisions of this act shall hold any remunerative elective office under the Municipal, County, State or Federal Government while a member of said Auditorium Commission. However, the Mayor of any such city may be made an ex-officio member of the Commission. (Acts 1939, No. 355, ~ 2, p. 9~+9•) (1) Section 4. Arkansas Statute ~ 1g-2603. Appointment of commissioners--Terms--Vacancies.--Said Commissioners shall be appointed by the Mayor and confirmed by a majority vote of the duly elected and qualified members of the City Council and shall ~,,,, hold office for a term of five (5 ) years; provided, however, that those Commissioners first appointed and confirmed after the passage of this act (~~ 1g-2601-1g-2613), shall serve for terms of one (1), two (2), three (3), four (~-) and five (5) years each, to be designated by the Mayor and City Council, and thereafter upon the expiration of their respective terms, Commissioners appointed by the Mayor and approved by a majority vote of the City Council, shall each be appointed for a term of five (5) years. In the event of a vacancy occuring on the Commission, it shall be filled by appointment by the Mayor, subject to the approval of a majority vote of the duly elected and qualified members of the City Council. Each Commissioner shall file the oath required by law in the State of Arkansas of public officials. (Acts 1939, No• 355, ~ 3, P• 9~-9•) Section 5. Arkansas Statute ~ 1g-260. Removal of commissioner by city council.--Any Commissioner appointed by the provisions of this statute may be removed for cause upon a two-thirds (2/3) vote of the duly elected and qualified members of the City Council. (Acts 1939, No. 355, ~ ~+, p• 9~+9. ) Section 6. Arkansas Statute ~~ 1g-2605. Duties--Hire and fire employees--May not encumber auditorium.--The Commissioners hereinunder appointed shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the municipal auditorium and shall have full and complete charge of said building, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the Commissioners shall see fit and deem to be to the best interests of the City. The (2) Commissioners shall have the right to employ or remove managers, janitors, and other employees of whatsoever nature, kind or character and to fix, regulate and pay their salaries; it being the intention of this act (~~ 1g-2601-19-2613) to vest in said Commissioners authority to operate, manage, maintain, and control said municipal auditorium and to have full and complete charge thereof; provided, said Commissioners shall not have authority or power to sell, mortgage or encumber said auditorium unless otherwise authorized by the statutes of Arkansas. (Acts 1939, No. 355, ~ 5, P. 9~9.) Section 7. Arkansas Statute ~ 19-2606. Purchase of supplies-- Advertising for bids.--The Commissioners hereunder shall have, in addition to other powers enumerated herein, the exclusive right and power to make purchases of all supplies, apparatus and other property and things requisite and necessary for the management and operation of the City Auditorium; and in all expenditures which may exceed $300.00 it shall be the duty of the commissioners to advertise for bids and let the work or contract to the lowest responsible bidder, when and if it is feasible and possible to obtain competitive bids. The Commissioners shall have no power in any case except upon advertisement and to the lowest bidders, to make any contract with any person associated in business with or related within the sixth degree of consanguinity or affinity under the civil law to any member of said Board or the Mayor or of the City Council, and every contract in which such forbidden person shall have an interest directly or indirectly shall be null and void. (Acts 1939, No. 355, ~ 6, p• 9~9.) Section 8. Arkansas Statute ~ 19-2607. Contracts for use of building.--Said Commissioners shall have authority to enter into contracts with persons, firms, or corporation or organizations for the use of the auditorium building or parts thereof. (Acts 1939, No. 355, ~ 7, p. 9~9.) (3) .•~ Section 9. Arkansas Statute ~ 19-2608. Rules and regulations ~.. adopted.--The Commissioners shall adopt such rules and regulations as they deem necessary and expedient for the proper operation and management of said municipal auditorium, and shall have authority to alter, change, or amend such rules and regulations at their discretion. (Acts 1939, No. 355, ~ 8, p. 9~-9.) Section 10. Arkansas Statute ~ 19-2609. Quarterly reports of receipts and disbursements--Annual audit.--The Commissioners shall submit quarterly reports, beginning three (3) months after they take their oath of office, and each three (3) months thereafter, reporting in full on the operations, including an accounting of Receipts and Disbursements, to the Mayor and City Council and furnish such other and further reports, data and information as may be requested by the Mayor or City Council. The quarterly report to the Mayor and City Council with respect to Receipts and Disbursements, shall be certified by the Commissioners as correct. The Commissioners shall further submit an annual audit of the operations of the auditorium to the Mayor and City Council. (Acts 1939, No• 355, ~ 9, p• 9~+9.) Section 11. Arkansas Statute ~ 19-2610. Use of revenues in auditorium fund--Bond--Commissioners reimbursed for expenses.--The Commissioners hereunder appointed shall have the authority to utilize all revenues derived from the auditorium in the operations of the auditorium. All funds derived from the use of the auditorium shall be segregated into an Auditorium Fund, which fund shall be used exclusively in the operations of the auditorium by the Commissioners. Said Commissioners shall each furnish to the City a $5,000.00 surety bond that will serve to insure the City against any misappropriation or mishandling of funds. The surety on said bond shall be a reputable surety corporation. The premium on said bonds shall be paid for from moneys in the said Auditorium Fund. The (~) N Commissioners shall receive no salary for their services, but shall be reimbursed from the Auditorium Fund for actual expenses incurred in the performance of their duties. Such Auditorium Fund may also be expended by the Commissioners, as they deem best, for the purpose of obtaining conventions or other attractions to meet in said auditorium. (Acts 1939, No. 355, ~ 10, p. 9~~-9•) Section 12. Arkansas Statute ~ 19-2611. Appropriations to make up deficits or maintain auditorium.--Upon each quarterly report being made to the Mayor and City Council by the Commissioners, the City Council may appropriate funds from the General Revenue Fund of the City, or from such other funds as the City may have available to make up any deficits or to provide such funds as may be necessary to carry on the operations of the said auditorium. The City Council may at any time other than when said quarterly report is filed, appropriate such funds as it deems necessary, from the General Revenue Fund or such other funds that the City may have available, for the purpose of maintaining and operating the said auditorium. (Acts 1999, No. 355, ~ 11, P• 9~-9•) Section 13. Arkansas Statute ~ 19-2612. Complete charge vested in commissioners.--Upon the appointment of the Commissioners as herein provided, the Mayor and City Council shall execute such instruments and enact such measures as may be necessary to vest complete charge of said municipally owned auditorium in the Commissioners hereinunder appointed. (Acts 1939, No. 355, ~ 12, p . 9~-9 • ) Section 1~-. Emergency Clause. It being found and determined by the City Council of the City of West Memphis, Arkansas that the creation of an Auditorium Commission is necessary for the growth (5) ,~ and expansion of the City of West Memphis, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. ~a PASSED AND APPROVED this / ~ day of ~~! 1~jh ~~~197~-. Yr. r~ ~~ MAYOR ATTEST: __------- f! r" CITY CLERK ~r (6)