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ORD NO 21-1997 f CITY OF VAN BUREN, ARKANSAS 0 ORDINANCE NO. '-9 -1997 AN ORDINANCE CREATING A MUNICIPAL AUDITORIUM COMMISSION FOR. THE CITY OF VAN BUREN; ESTABLISHING ITS DUTIES AND POWERS; AND FOR OTHER PURPOSES. WHEREAS, The City of Van Buren presently owns and operates a municipal auditorium know as the King Opera House; and, WHEREAS, An effectively managed and utilized King Opera House is an asset to the citizens of the City of Van Buren; and, WHEREAS, To that end, the City Council desires to create a separate City Commission to assume the responsibility of operating, maintaining and promoting the said King Opera House; and, WHEREAS, Under the authority of A.C.A., §14- 141 -101 through §14 -141- 113, the City is empowered to create a Municipal Auditorium Commission with such powers as authorized therein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS: SECTION 1: Commission Created: There is hereby created the Van Buren Auditorium commission, hereafter referred to as the Commission. The Commission shall he established pursuant to the provisions of Arkansas Code Annotated, Sections 14- 141 -101 et seq, as presently written or later amended. The Commission shall he composed of five (5) citizens who are qualified electors of the City. No member of the Commission shall hold any remunerative elective office in the City, State, or Federal government while serving as a member of the Commission, however, the Mayor shall serve as an ex- officio member of the Commission. SECTION 2: Commission Members: The members of the Commission shall he appointed by the Mayor and confirmed by a majority vote of the duly elected and qualified members of the City Council and shall hold their offices for a term of five (5) years; provided, however, that those first appointed and 1 confirmed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years each, with the initial members and terms being designated by the Mayor and the City Council. Thereafter, upon the expiration of their respective terms, Commissioners appointed and confirmed for each position shall be appointed for a term of five (5) years. Upon appointment, each Commissioner shall file the oath required of public officials in the State of Arkansas and shall become bonded in the amount of $5,000.140 in order to insure the City against any misappropriation or mishandling of .funds. The surety of said bond shall be a reputable surety corporation and the premium of which shall be paid from the .King Opera House Fund. The Commissioners shall receive no salary but shall be entitled to be reimbursed from the King Opera House Fund (as defined in Section 4) for actual expenses incurred in the performance of their duties. In the event of a vacancy occurring on the Commission, the vacancy shall be tilled by appointment by the Mayor, subject to the approval of a majority vote of the City Council. Any Commissioner previously appointed may he removed for cause upon a two- thirds (2/3) vote of the City Council. SECTION 3: Powers of the Commission: The Commission shall have full and complete authority to manage, operate, maintain, and keep in a good state of repair the King Opera House. The Commission shall have full and complete. charge of the building, including the right to control and permit or refuse to permit such public gatherings or other meetings or affairs as the Commission shall see fit and deem to be in the best interests of the City, and consistent with the laws and Constitutions of the State of Arkansas and the United States, and shall have authority to enter into contracts with persons, firms, corporations or organizations for the use, management, maintenance, and operation of the King Opera House, or parts thereof. Further, the Commission shall have authority to conduct fund raising activities on or off the premises of the King Opera house if it so desires. 2 f The Commission shall have the right to employ or remove managers, janitors, and other employees of whatever nature, kind, or character, and to fix, regulate, and pay their salaries from the King Opera House Fund (as defined in Section 4). The Commission shall adopt such rules and regulations as it may deem necessary and expedient for the proper operation .and management of the King Opera House and shall .have authority to alter, change, or amcnd.the rules and regulations at its discretion. The Commission shall not have authority or power to sell, mortgage, or encumber the King Opera house unless otherwise authorized by state law and approved by the City Council. Unless otherwise provided, it is the intent of this Ordinance to vest in the Commission the authority to operate, manage, maintain, and control the King Opera House and to have full and complete charge thereof. SECTIQN 4: ,Revenues: All revenues derived from the use of the King Opera House, as well as moneys derived from gifts, donations, fund raising activities, unrestricted grants, appropriations from the City Council or other City Commissions, nr derived from any other source for the benefit of the.King Opera House, shall be placed .into the King Opera House Fund, said fund to be maintained by the `Jan Buren City Clerk. Moneys in the fund shall not be mingled with other funds of the City and shall he handled exclusively by the Commission in the operations of the.King Opera House. SECTION 5: Expenditures: The Commission shall have, in addition to other powers enumerated in this Ordinance, 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 King Opera House, and in all expenditures which may exceed the amount of Three Hundred (43tx1.O0) Dollars, it shall be the duty of the Commission to advertise for bids and to let the work or contract to the lowest responsible bidder, provided it is feasible and possible to obtain competitive bids. 0 3 The Commission shall have no power, except upon advertisement and award to the lowest bidders, to make any contract with any person associated in business with or related within the sixth degreee of consanguinity or affinity under the civil law to any member of the Commission, or to the Mayor or any member of the City Council. Every contract in which such forbidden person shall have an interest, directly or indirectly, shall be null and void. Provided, however, that any person otherwise disqualified, who has been specifically approved by the City Council under authority of A.C.A.. §14- 42- 107(b)(1) to conduct business with the City, shall also he considered as approved to contract with the Commission, and further, that the provisions of A.C.A.. §14- 42- 107(h)(2) shall also be applicable to this Ordinance. The King Opera House Fund may he expended by the Commissioners for the payment of the Commissioners' surety bonds, for reimbursement of Commissioner: expenses, for the expense of the annual audit. and for the purpose of obtaining conventions or other attractions to meet in the King Opera House. SECTION fi: Duties: The Commission shall submit quarterly' reports, beginning three (3) months after the initial Commissioners take their oath of office, and each three (3) months thereafter, reporting in full on the operations of the King Open, 1 louse including an accounting of receipts and disbursements, to the Mayer and City Council. The Commission shall nls furnish such other and further reports, data, and information as may he requested by the Mayor or City Council. The Commissioners shall certify as correct that portion of the quarterly reports setting out the accounting of ai rc.i- e,ipiS and disbursements. The Commission shall submit an annual audit of the operations of the King Opera House to the Mayor and City Council. SECTION 7: Budget and Ap prnnriations: The Commission shall prepare, and present to the Mayor for City Council approval, an annual budget for the next calendar year, setting forth anticipated revenues and expenses and also the amount of money the Commission requests be appropriated from the 4 City general revenue fund, or from such other funds as the City has available, and transferred into the King Opera !-louse Fund. Upon approval of the City's budget, the City Council may appropriate and transfer the total amount of money requested by the Commission or, in the alternative, upon each quarterly report being submitted by the Commission, may appropriate such moneys as the Council deems necessary to carry on the operations of the King Opera House for the next quarters and/or to make up any deficits from the previous quarter. 'the City Council may, at any time other than when the quarterly report is filed, appropriate and transfer such moneys as it deems necessary from the general revenue fund or such other funds that the City may have available, for the purpose of maintaining the King Opera :house. SECTION 7: Severabilit If any portion or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other portions, provisions or applications of this Ordinance which can be given effect without the invalid portion, provision or application, and to this end the various portions and provisions of this Ordinance are declared severable. PASSED AND APPROVED THIS Jr' DAY OF .it7Tir/ R 1997. MAYOR ATTESTED?: C CLERW SURER 5