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1636000080 ORDINANCE NO. 1636 (#10- 2020) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, THE ELECTION OF CITY COUNCIL MEMBER FOR WARD TWO, POSITION ONE OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, based on the resignation of Council Member Gary Sipes on August 13, 2020, City Council has elected to set a Special Election, to elect a successor to fill the remaining term of Ward Two, Position One on Jacksonville City Council, which will expire December 31, 2022. WHEREAS, Arkansas statutes require certain provisions and minimum time frames before and after such elections, and the City Council has determined that holding such an election on Tuesday, November 3, 2020, set to run in conjunction with the 2020 general election, will satisfy all statutory requirements and provide sufficient time for campaigning by potential candidates. WHEREAS, to accomplish such, the City Council must enact this Ordinance calling for a Special Election on November 3, 2020, for all qualified voters within the City to select from all duly qualified candidates to fill the term of Council Gary Sipes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: There shall be submitted to the qualified electors of the City of Jacksonville, Arkansas, as reflected on the records of Pulaski County Clerk's Office, the selection from qualified candidates to fill the unexpired term of Ward Two, Position One Council Member of the City of Jacksonville, Arkansas, which term of office will expire on December 31, 2022. SECTION TWO: The question of qualified candidates to fill the unexpired term of Council Member for Ward Two, Position One shall be submitted to the electors qualified to vote on this issue at a Special Election to be held within the City on Tuesday, November 3, 2020. The City Clerk shall immediately notify the Pulaski County Election Commission of such question by forwarding certified copies of this Ordinance to said body and the Secretary of State as well as ensure appropriate notifications and proclamations for such are duly and timely published. SECTION THREE: Those wishing to run for City Council, Ward Two, Position One, shall comply with all applicable municipal, state, and federal laws. The filing period shall run from August 14, 2020 and shall end on August 21, 2020 at 12:00 noon. The Ballot Position Drawing shall be held no later than fifty (50) days before the Special Election (August 24, 2020) as determined, set, and published by the Pulaski County Election Commission. SECTION FOUR: If, at the November 3, 2020 election, a majority of the qualified electors voting in the Special Election select a qualified candidate to fill the unexpired term for Council Page 1 of 3 010081 Member of Ward Two, Position One of the City, Mayor Johnson and/or his designated representative(s) shall file the results thereof with the Pulaski County Election Commission and request certification of such. If no qualified candidate secures a majority of the qualified electors voting on the position at said Special Election, the two (2) qualified candidates securing the highest number of votes in the November 3, 2020 Special Election shall be certified to a Special Run -Off Election to be held Tuesday, December 1, 2020. The results from the Special Run -Off Election, if conducted, shall be forwarded to the Pulaski County Election Commission for certification. In the event an action is timely filed within the Pulaski County Circuit Court contesting said election(s), said election(s) shall be certified as the date that any final judgement of said Court is entered of record. The duly elected candidate shall, upon proper certification, take the Oath of Office of City Council Member. Said term shall expire December 31, 2022. SECTION FIVE: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTION SIX: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION SEVEN: This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS DAY OF 52020. ATTEST: CITY OF JACKSONVILLE, ARKANSAS BOB JOHNS � YOR Page 2 of 3 SUSAN DAVITT) CITY CLERK APPROVED AS TO FORM: q7a- t STE ANIE FRIEDMAN, CITY ATTORNEY Page 3 of 3