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AN ORDINANCE TO AMEND ORDINANCE NO. 1573, AND THE JONESBORO CODE OF ORDINANCES, TITLE 2.64 ENTITLED MUNICIPAL AIRPORT COMMISSION FOR THE PURPOSE OF INCREASING THE NUMBER OF COMMISSIONERS FROM FIVE (5) TO SEVEN (7); AND DECLARING AN EMERGENCY
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WHEREAS, it is the desire of the Jonesboro City Council to officially confirm two initial commissioner positions to the Airport Commission pursuant to the provisions of A.C.A. 14-359-101 et seq.; and
WHEREAS, it is the desire of the Jonesboro City Council to establish the proper procedure for appointments, terms of office, and filing the duplicate Oath of Office with the Office of City Clerk.
BE IT THEREFORE ORDAINED by the City Council of the City of Jonesboro, Arkansas:
SECTION 1: The Jonesboro Code of Ordinances, Section 2.64.02, entitled Composition; Qualifications; Restrictions, shall be amended by striking the words, “five (5)” and replacing it with the words “seven (7)” in the first sentence of the first paragraph.
SECTION 2: The Jonesboro Code of Ordinance, Section 2.64.03, entitled Appointment; Term shall be amended as follows:
The Commissioners shall be appointed by the Mayor and confirmed by a three-fourth vote of the duly elected and qualified members of the City Council, and shall hold office for a term of five (5) years; provided that the Commissioners first appointed and confirmed after the passage of this Ordinance shall serve for terms of 1, 2, 3, 4 and 5 years each, with two (2) commissioners serving terms of four (4) years and two (2) commissioners serving terms of five (5) years to be designated by the Mayor and therefore upon the expiration of their respective term, their successors shall be appointed by the Mayor, subject to the approval of three-fourths of the duly elected and qualified members of the City Council for a term of 5 years. The Commissioners shall file the oath required by law in the State of Arkansas, and shall within (15) days of their appointment or reappointment forward a duplicate Oath of Office to the Jonesboro City Clerk in accordance to Ordinance No. 3503. Any Commissioner may be removed upon a three-fourths vote of the duly elected and qualified members of the City Council. Any and all vacancies on the Commission shall likewise be filled by appointment of the Mayor, subject to confirmation by the City Council. The City Council retains the authority to fix and prescribe, by appropriate resolution, any compensation to be paid to Commissioners.
SECTION 3: If any of the provisions of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 4: All other Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. Provided however, that all rules and regulation now in effect for the regulation and governing of the airport shall remain in full force and effect until such time as such rules and regulations are revised, amended or replaced by new rules and regulations promulgated by the Commission created by this Ordinance. The codifier of the City of Jonesboro Code of Ordinances shall codify the provisions of this Ordinance according to his discretion in Chapter Three of the Code of Ordinances.
SECTION 5: It is found and declared by the City Council of the City of Jonesboro, Arkansas, that an Airport Commission vested with authority to control and operate the municipal airport, in accordance with the Arkansas Airport Commission Act, is necessary for implementation of plans of improvement for the airport and for the preservation of the public peace, health and safety, and therefore an emergency is hereby declared to exist and this Ordinance shall take effect from and after its passage and approval.
PASSED and ADOPTED this 19th day of April, 2005.