NOTES ON DISCUSSION
WITH
MARK HAYES, GENERAL COUNSEL
ARKANSAS MUNICIPAL LEAGUE
These are notes compiled by C. E. Hathaway after the Transition Team discussion with Mark Hayes, General Counsel of the Arkansas Municipal League, and represent only the understanding of C. E. Hathaway and are not to be taken as quotable statements by or opinions of Mark Hayes.
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At this point in time the City of Helena appears not to be covered by general liability insurance, workers compensation, or property insurance because of a failure to pay the appropriate fees. | |
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Any law suits currently in process would continue in some form. | |
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Where Helena has obligations, such as pension for retired personnel, the new City of Helena/West Helena would assume those obligations but new ordinances would likely need to be passed. Further research is need on this topic. | |
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Research needs to be done on what happens on to existing contractual obligations and agreements currently in force with Helena. Research needs to done on termination clauses in existing contracts and agreements. | |
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Accounts payable to Helena at the time of the unification would be due to the new City of Helena/West Helena. | |
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The water and sewer rates of West Helena would apply throughout the new City of Helena/West Helena unless a new ordinance is passed. | |
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Currently existing property tax rates of West Helena would apply to the whole of the City of Helena/West Helena unless a new ordinance is passed. | |
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A new ordinance of Helena/West Helena could be passed keeping in force certain of the ordinances of Helena for a fixed period of time in order to allow a rational approach to producing a more uniform approach throughout the new community. | |
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Both cities would do well to codify the ordinances and codes in advance of the unification. | |
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The current "hamburger tax" funds could be sequestered for tourism development throughout the new community. | |
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Boards and Commissions created by Helena would cease or not cease to exist depending on the statute under which they were created. | |
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The City of Helena should notify employees who will cease to be employed on December 31 well in advance of that date. There is probably a 30 to 60 day rule that will apply in this case. | |
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In summary, the combined budget, including personnel and revenue streams, will dominate the creation of Helena/West Helena. |