From: Helen Halbert <email@example.com>
Cc: 'Sandi Ramsey' <firstname.lastname@example.org>
Sent: Thursday, September 8, 2016 11:44 AM
Subject: Notice of Special Called Meeting of the City Council 9/12/16
There will be a Special Called Meeting of the City Council on . There will be only two items on the agenda:
1. Discussion of the ward reduction petition
2. Restructuring within the water department
Chief of Staff
226 Perry Street -P. O. Box 248
Helena, Arkansas 72342
Ark. Const. Art. 5, § 1 (2016) (AKA Amendment 7)
§ 1. Initiative and Referendum.
The legislative power of the people of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives, but the people reserve to themselves the power to propose legislative measures, laws and amendments to the Constitution, and to enact or reject the same at the polls independent of the General Assembly; and also reserve the power, at their own option to approve or reject at the polls any entire act or any item of an appropriation bill. Initiative. The first power reserved by the people is the initiative. Eight per cent of the legal voters may propose any law and ten per cent may propose a constitutional amendment by initiative petition and every such petition shall include the full text of the measure so proposed. Initiative petitions for state-wide measures shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon; provided, that at least thirty days before the aforementioned filing, the proposed measure shall have been published once, at the expense of the petitioners, in some paper of general circulation. Referendum. The second power reserved by the people is the referendum, and any number not less than six per cent of the legal voters may, by petition, order the referendum against any general Act, or any item of an appropriation bill, or measure passed by the General Assembly, but the filing of a referendum petition against one or more items, sections or parts of any such act or measure shall not delay the remainder from becoming operative. Such petition shall be filed with the Secretary of State not later than ninety days after the final adjournment of the session at which such Act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment. Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken. The total number of votes cast for the office of Governor in the last preceding general election shall be the basis upon which the number of signatures of legal voters upon state-wide initiative and referendum petitions shall be computed.
Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file from at least fifteen of the counties of the State, petitions bearing the signature of not less than one-half of the designated percentage of the electors of such county. Emergency. If it shall be necessary for the preservation of the public peace, health and safety that a measure shall become effective without delay, such necessity shall be stated in one section, and if upon a yea and nay vote two-thirds of all the members elected to each house, or two-thirds of all the members elected to city or town councils, shall vote upon separate roll call in favor of the measure going into immediate operation, such emergency measure shall become effective without delay. It shall be necessary, however, to state the fact which constitutes such emergency. Provided, however, that an emergency shall not be declared on any franchise or special privilege or act creating any vested right or interest or alienating any property of the State. If a referendum is filed against any emergency measure such measure shall be a law until it is voted upon by the people, and if it is then rejected by a majority of the electors voting thereon, it shall be thereby repealed. The provision of this sub-section shall apply to city or town councils. Local for Municipalities and Counties. The initiative and referendum powers of the people are hereby further reserved to the legal voters of each municipality and county as to all local, special and municipal legislation of every character in and for their respective municipalities and counties, but no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.
Municipalities may provide for the exercise of the initiative and referendum as to their local legislation. General laws shall be enacted providing for the exercise of the initiative and referendum as to counties. Fifteen per cent of the legal voters of any municipality or county may order the referendum, or invoke the initiative upon any local measure. In municipalities the number of signatures required upon any petition shall be computed upon the total vote cast for the office of mayor at the last preceding general election; in counties upon the office of circuit clerk. In municipalities and counties the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election at which it is to be voted upon; for a referendum petition at not less than thirty days nor more than ninety days after the passage of such measure by a municipal council; nor less than ninety days when filed against a local or special measure passed by the General Assembly.
Every extension, enlargement, grant, or conveyance of a franchise or any rights, property, easement, lease, or occupation of or in any road, street, alley or any part thereof in real property or interest in real property owned by municipalities, exceeding in value three hundred dollars, whether the same be by statute, ordinance, resolution, or otherwise, shall be subject to referendum and shall not be subject to emergency legislation.
General ProvisionsDefinition. The word "measure" as used herein includes any bill, law, resolution, ordinance, charter, constitutional amendment or legislative proposal or enactment of any character. No Veto. The veto power of the Governor or mayor shall not extend to measures initiated by or referred to the people. Amendment and Repeal. No measure approved by a vote of the people shall be amended or repealed by the General Assembly or by any city council, except upon a yea and nay vote on roll call of two-thirds of all the members elected to each house of the General Assembly, or of the city council, as the case may be. Election. All measures initiated by the people whether for the State, county, city or town, shall be submitted only at the regular elections, either State, congressional or municipal, but referendum petitions may be referred to the people at special elections to be called by the proper official, and such special elections shall be called when fifteen per cent of the legal voters shall petition for such special election, and if the referendum is invoked as to any measure passed by a city or town council, such city or town council may order a special election. Majority. Any measure submitted to the people as herein provided shall take effect and become a law when approved by a majority of the votes cast upon such measure, and not otherwise, and shall not be required to receive a majority of the electors voting at such election. Such measures shall be operative on and after the thirtieth day after the election at which it is approved, unless otherwise specified in the Act.
This section shall not be construed to deprive any member of the General Assembly of the right to introduce any measure, but no measure shall be submitted to the people by the General Assembly, except a proposed constitutional amendment or amendments as provided for in this Constitution. Canvass and Declaration of Results. The result of the vote upon any State measure shall be canvassed and declared by the State Board of Election Commissioners (or legal substitute therefor); upon a municipal or county measure, by the county election commissioners (or legal substitute therefor). Conflicting Measures. If conflicting measures initiated or referred to the people shall be approved by a majority of the votes severally cast for and against the same at the same election, the one receiving the highest number of affirmative votes shall become law.
The PetitionTitle. At the time of filing petitions the exact title to be used on the ballot shall by the petitioners be submitted with the petition, and on state-wide measures, shall be submitted to the State Board of Election Commissioners, who shall certify such title to the Secretary of State, to be placed upon the ballot; on county and municipal measures such title shall be submitted to the county election board and shall by said board be placed upon the ballot in such county or municipal election. Limitation. No limitation shall be placed upon the number of constitutional amendments, laws, or other measures which may be proposed and submitted to the people by either initiative or referendum petition as provided in this section. No petition shall be held invalid if it shall contain a greater number of signatures than required herein. Verification. Only legal votes shall be counted upon petitions. Petitions may be circulated and presented in parts, but each part of any petition shall have attached thereto the affidavit of the person circulating the same, that all signatures thereon were made in the presence of the affiant, and that to the best of the affiant's knowledge and belief each signature is genuine, and that the person signing is a legal voter and no other affidavit or verification shall be required to establish the genuineness of such signatures. Sufficiency. The sufficiency of all state-wide petitions shall be decided in the first instance by the Secretary of State, subject to review by the Supreme Court of the State, which shall have original and exclusive jurisdiction over all such causes. The sufficiency of all local petitions shall be decided in the first instance by the county clerk or the city clerk as the case may be, subject to review by the chancery court. Court Decisions. If the sufficiency of any petition is challenged such cause shall be a preference cause and shall be tried at once, but the failure of the courts to decide prior to the election as to the sufficiency of any such petition, shall not prevent the question from being placed upon the ballot at the election named in such petition, nor militate against the validity of such measure, if it shall have been approved by a vote of the people. Amendment of Petition. (a) (1) If the Secretary of State, county clerk or city clerk, as the case may be, shall decide any petition to be insufficient, he or she shall without delay notify the sponsors of such petition, and permit at least thirty (30) days from the date of such notification, in the instance of a state-wide petition, or ten (10) days in the instance of a municipal or county petition, for correction or amendment.
(2) For a state-wide petition, correction or amendment of an insufficient petition shall be permitted only if the petition contains valid signatures of legal voters equal to:
(A) At least seventy-five percent (75%) of the number of state-wide signatures of legal voters required; and
(B) At least seventy-five percent (75%) of the required number of signatures of legal voters from each of at least fifteen (15) counties of the state.
(b) In the event of legal proceedings to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person or persons attacking the validity of the petition. Unwarranted Restrictions Prohibited. No law shall be passed to prohibit any person or persons from giving or receiving compensation for circulating petitions, nor to prohibit the circulation of petitions, nor in any manner interfering with the freedom of the people in procuring petitions; but laws shall be enacted prohibiting and penalizing perjury, forgery, and all other felonies or other fraudulent practices, in the securing of signatures or filing of petitions. Publication. All measures submitted to a vote of the people by petition under the provisions of this section shall be published as is now, or hereafter may be provided by law. Enacting Clause. The style of all bills initiated and submitted under the provisions of this section shall be, "Be It Enacted by the People of the State of Arkansas, (municipality or county, as the case may be)." In submitting measures to the people, the Secretary of State and all other officials shall be guided by the general election laws or municipal laws as the case may be until additional legislation is provided therefor. Self-Executing. This section shall be self-executing, and all its provisions shall be treated as mandatory, but laws may be enacted to facilitate its operation. No legislation shall be enacted to restrict, hamper or impair the exercise of the rights herein reserved to the people. [As amended by Const. Amend. 7; amended by Const. Amend. 93.]
Ark. Const. Art. 5, § 1
Law on Determining the Validity of the Petitions filed with the City Clerk:
(b) The information provided by the person on the petition may be used as evidence of the validity or invalidity of the signature. However, if a signature of a registered voter on the petition is sufficient to verify the voter's name, then it shall not be adjudged invalid for failure to sign the name or write the residence and city or town of residence exactly as it appears on voter registration records, for failure to print the name in the space provided, for failure to provide the correct date of birth, nor for failure to provide the correct date of signing the petition, all the information being an aid to verification rather than a mandatory requirement to perfect the validity of the signature.
A.C.A. § 7-9-104
7-5-104. Election expenses -- Allocation.
(a) (1) All expenses of general elections for presidential, congressional, state, district, county, township, or municipal offices in this state shall be paid by the counties in which they are held.
(2) However, any city or incorporated town shall reimburse the county board of election commissioners for the expenses of the elections in an amount equal to a figure derived by multiplying fifty percent (50%) of the total cost of each election by a fraction, the numerator of which shall be the number of voters from the city or incorporated town casting ballots in each election prepared by the county board, and the denominator of which shall be the total number of voters casting ballots in each election.
(b) (1) Except for the expense of party primary elections under § 7-7-201 et seq., all expenses for special elections, including runoff elections as required by law, for congressional, state, district, county, and township offices shall be paid by the counties in which they are held.
(2) All expenses of special elections, including any runoff elections as required by law, for municipal offices shall be paid by the city or incorporated town calling for the elections.
(3) All expenses of special elections called by any county for the purpose of referring a question or measure to the voters of the county shall be paid by the county.
(4) All expenses of special elections called by any city or incorporated town for the purpose of referring a question or measure to the voters of the city or incorporated town shall be paid by the city or incorporated town.
HISTORY: Acts 1992 (1st Ex. Sess.), No. 67, § 2; 2005, No. 1205, § 1.
AN INITIATED ORDINANCE TO REDUCE THE NUMBER OF WARDS AND TO CHANGE
THE METHOD FOR ELECTION OF ALDERMEN IN HELENA-WEST HELENA, ARKANSAS AND FOR OTHER PURPOSES.
TO THE HONORABLE SANDRA RAMSEY, CITY CLERK, HELENA-WEST HELENA, PHILLIPS COUNTY, ARKANSAS:
WHEREAS: When fifteen percent (15%) of the number of voters who voted in the last mayoral general election (2014) sign an initiated petition and file the petition with the City Clerk according to law and election shall be ordered;
WHEREAS: We understand that our signature on this document does not necessarily indicate how we might vote on the issue if it makes it to the ballot. We understand that this petition must be filed with the county clerk on or after August 10, 2016 and on or before September 9, 2016. The city clerk will have 10 days to determine whether our petition is sufficient. If the city clerk deems the petition sufficient, the city clerk shall certify it to the county board of election commissioners who shall at the general election on November 8, 2016 present the following question; and
WHEREAS: The facts leading to our support of this petition include but are not in any way limited to our concern for the direction of our city in specific and community in general. Our city has lost nearly 4,000 residents since the 2000 Census was completed. We believe that an election to determine will bring stability to our political process and encourage more city-wide engagement in the governance of our city. We believe more engagement by more of our citizens will create greater buy-in and positive participation future opportunities for our city.
NOW, THEREFORE, Be it Enacted by the Citizens of the City of Helena-West Helena, State of Arkansas, an Initiated Ordinance to be Entitled:
“AN INITIATED ORDINANCE TO REDUCE THE NUMBER OF WARDS AND TO CHANGE
THE METHOD FOR ELECTION OF ALDERMEN IN HELENA-WEST HELENA, ARKANSAS AND FOR OTHER PURPOSES.”
NOW, therefore, be it Ordained by the Citizens of the City of Helena-West Helena, State of Arkansas:
Article 1. That the number of wards in our great city, be reduced from five (5) wards with ten (10) alderpersons to three (3) wards with six (6) alderpersons.
Article 2. Each ward shall elect two alderpersons as follows: Position One of each ward shall be elected by the residents of the ward only and Position Two of each ward shall be elected by the residents of the entire city as per Arkansas Code Annotated Section 14-43-307 et. Seq..
Article 3. That the ballot question upon which the citizens shall vote shall be as follows:
AN INITIATED PETITION TO REDUCE THE NUMBER OF WARDS AND TO CHANGE
THE METHOD FOR ELECTION OF ALDERMEN IN HELENA-WEST HELENA, ARKANSAS.
□ “For Initiated Ordinance 1-2016”
□ “Against Initiated Ordinance 1-2016.”
Article 4. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.
Article 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other appropriations or applications of the ordinance 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.
Article 6. That this Initiated Ordinance shall become effective upon the thirtieth day following passage by a majority vote of the citizenry.
Article 7. If a majority of the qualified electors voting on the question at the election vote for Initiated Ordinance 1-2016, then, at the next general election, which shall occur in November 2018, aldermen throughout the city shall be elected consistent with this ordinance. The new wards shall be drawn and apportioned in accord with settled law following traditional redistricting principles within 180 days after the passage of this ordinance. The mayor shall work with a person, firm or corporation with an office in Phillips County, Arkansas, as selected by a majority vote of the city council to create a map the appropriate written descriptions of the wards for use by the office of the county clerk as well as the general public. The members of the city council elected based upon this ordinance shall begin their term of service on January 1, 2019 and serve in accord with Arkansas Law.
.Signature Printed Name Date Signed Residence Address Date of Birth
I, _________________, being duly sworn, state that the foregoing persons signed this sheet of the foregoing petition and each of them signed his name hereunto in my presence. I believe that each has stated his name, date of birth, and residence correctly and that each signor is a legal voter of the City of Helena-West Helena.
Subscribed and sworn to me this _______ day of ________ 2016.
My Commission Expires:
The Helena West Helena City Council will meet tonight at 6:00 p.m. in the City Council Chambers at 226 Perry Street in the Municipal Building.
The agenda includes redistricting, increasing landfill fees, 2012 Budget, city council pay, holiday pay, vacation pay for employees, news paper articles, and demolition work need.
To view the agenda, please click on the following link:
City Council Preparing To Work on 2012 Budget;
Approve New Hires in Police Department
September 15, 2011The Helena-West Helena City Council is scheduled to meet on Tuesday, September 20, 2011. Their last council meeting was scheduled for September 6, 2011. It was canceled. That agenda had neither guests, new business nor old business to address. That agenda merely called for an approval of the minutes of previous meetings.
The meeting on Tuesday, September 20, 2011, has a few items on the Agenda and it was submitted to the members of the city council, press and general public late Thursday evening.
A copy of the full statement from Mrs. Sandi Ramsey, City Clerk, is as follows:
The meeting starts at 6:00 p.m. in the City Council Chambers at 226 Perry Street, Helena-West Helena, Arkansas. James "Jim" Riley, Owner of Videomasters, films the city council meetings. When he is present, he broadcasts the meeting live via internet live streaming. Here's the link to his live streaming: Live Streaming Video.
The meetings are rebroadcast at 10:05 p.m. following the meeting on http://www.kjiwfm.com and KJIW FM 94.5 Radio to grant the public another listening opportunity. KJIW FM has a listen live link for those of you outside of the range of the FM radio dial. The listen link is: LISTEN LIVE.
The meetings are also delay broadcast on local cable channel 12 during the week after the city council meeting.
The Helena-West Helena City Council will meet in regular session tonight at 6:00 p.m. Here's link to the city council agenda: September 6, 2011 City Council Agenda.
The agenda is also displayed below:
Helena-West Helena Alderman Marvin Jarrett, Ward 5, has submitted two crucial documents for consideration by the city council at tonight's meeting:
See the text of the documents below:
DEBT REDUCTION RESOLUTION:
AMENDED BUDGET PROPOSAL:
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