Council Presses For Legal Opinions On Vendor Ordinance

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After much discussion and some disagreements, Mayor Roger Gardner agreed to get a legal opinion from an attorney concerning the city’s food truck ordinance.

Gardner said an Arkansas Municipal League attorney had reviewed the ordinance and said the city needed to either repeal or amend the section that involves food vendors entering into a contract with Mountain View Chamber of Commerce to operate is designated spots behind the courthouse.

Gardner said if the city wanted to continue to allow the Chamber to manage the food vendors, a lease agreement would need to be enacted, with the city charging a percentage since city utility connections are used.

Councilman Dana Woods said other questions concerning the ordinance have not been answered and the motion made at the last meeting included getting an opinion from both the municipal league and the city’s attorney.

The mayor stated the city didn’t have a city attorney and getting another legal opinion would be pointless and a waste of $400-$500 of taxpayers’ money. He also noted he didn’t realize the motion included getting two legal opinions.

Woods said he would not withdraw his motion, and still wanted to get an outside opinion and viewpoint from someone not involved with municipalities.

Gardner argued that attorneys tend to favor who they are working for whether it be the municipal league or a hired attorney.

Councilman Finis Brewer said he thought if a motion was made and passed the city had to follow through with it.

Woods said an attorney may not know the answers concerning the food truck ordinance, but still believed the city should get a legal opinion from an attorney. He said the council should be prepared for the future in case legal action is taken against the city concerning food trucks.

Read the full story in the Aug. 4 issue.

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