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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•)
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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
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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.)
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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
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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
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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~-.
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MAYOR
ATTEST:
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CITY CLERK
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