Editorial: What Went Wrong?

What went wrong? Ordinances are written by the handsful every year. They are read in public three times in three separate regularly scheduled Council meetings to make sure the public has an opportunity to study the issue and to comment on it, which is a right of the taxpayers, who foot the bills for the City, including this project that cost us $40,000.

The first red flag: This ordinance was written by the city attorney in 17 minutes during a special meeting, read three straight times by the Council at the same special meeting, which was poorly advertised, and was declared an emergency, which in this case, parking meters, violates state law 14-57-502. "Ordinances subject to initiative and referendum. Any municipal ordinance authorizing the installation of parking meters shall not be subject to an emergency clause. Nothing in this sub chapter shall limit the rights of the people under the Initiated and Referendum Amendment to the Constitution of the State of Arkansas."

As an aside, the illegal emergence clause was based on "Financial Health," a parody of the City's three cornerstones of responsibility: Public Safety; Public Health; and General Welfare.

The second red flag: The Historic District Commission was not consulted for approval of new construction in the Historic District, as prescribed by City regulations. The Planning Commission's review, as mandated by the City for new construction in Zone C-1 was also ignored. These two commissions' authorities are mandatory for each and every one of us; the City is no exception.

The Third Red flag: The meter company that was awarded the contract, without competitive bidding, has been doing business with Eureka for 13 years. Our city government is staffed by honest people -- elected, paid and volunteers. Some of them are our friends and neighbors, however a stranger might feel uncomfortable about this bid.

The fourth red flag: A petition for a special election "For" or "Against" this ordinance was signed by well over 100 legal voters, was certified by the City Clerk, but was refused an election date by the City Council without consulting the Carroll County Election Commission, thereby refusing a Constitutional right for redress of a grievance, which violates state law 14-57-502. "Ordinances subject to initiative and referendum. Any municipal ordinance authorizing the installation of parking meters shall not be subject to an emergency clause. Nothing in this sub chapter shall limit the rights of the people under the Initiated and Referendum Amendment to the Constitution of the State of Arkansas."

The fifth red flag: All of these red flags, these warning signs, went without appropriate consideration by the City despite newspaper coverage, including this newspaper and the Arkansas-Democrat Gazette.

So, what went wrong? Apparently there has been a total breakdown in communication between the City and its constituents, and now we, all of us, are left to the tender mercy of the American judicial system.

This just in.

"There will be a special City Council meeting at 8:30 a.m., Monday, Nov. 30 in the mayor's office in the Eureka Springs City Hall. The meeting is regarding removing the requirements of paying the parking meters on Spring St. and Main St. from Dec. 1 -- 31, 2009."

The irony here is that the city based its emergency clause on the need to immediately buy and install the meters because a 30-day wait would cost the city thousands of dollars.

-- Bill Earngey