HomeMy WebLinkAboutOrdinance 2310 _ ( iLED
1-
ORDINANCE NO , 2310 0 R R E C, D it D
'77 NAR 2
AN ORDINANCE LEVYING A TAX UPON THE GROSS RECEIPTS Pn 2* 26
HOTELS , MOTELS , RESTAURANTS , CAFES AND CAFETERIASVI43HI =- N CM44TY
CITY ; PRESCRIBING THE PROCEDURE FOR THE COLLECTION591TI-
CREATING
KENst1 ,
FORCEMENT OF THE TAX ; PRESCRIBING THE PURPOSES FO I� CLERKE (E,4
REVENUES DERIVED FROM COLLECTION OF THE TAX MAY BE ;A CITY ADVERTISING AND PROMOTION COMMISSION ; PRE-
SCRIBING OTHER MATTERS PERTAINING THERETO ; AND DECLARING AN
EMERGENCY *
WHEREAS , the City of Fayetteville , Arkansas ( the " City " ) has
many benefits to offer visitors to the City and is presently not
taking full advantage of its resources for the attraction of
visitors ; and
WHEREAS , the development of such resources would result in
many economic and other benefits to the City and its inhabitants ;
and
WHEREAS , the City does not have funds available but the
General Assembly of the State of Arkansas has adopted Act No .
185 of 1965 ( " Act No . 185 " ) , as amended by Act No . 123 of 1969
( " Act No . 123 " ) , providing a means by which the City can obtain
the needed funds ; . ,
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . There is hereby levied , effective April 1 , 1977 ,
a tax of one per cent ( the " tax" ) upon the gross receipts from Me`
renting , leasing or otherwise furnishing of hotel or motel accom-
modations for profit in the City and upon the gross receipts of
restaurants , cafes , cafeterias and all other establishments engaged
in the business of selling prepared food for consumption on the
premises of such establishment in the City .
( b ) The tax shall be collected from the purchaser or user
of the food or accommodations by the person , firm , corporation ,
association , trust or estate ( or other entity of whatever nature )
selling such food or furnishing such accommodations ( the " taxpayer " ) ,
and the taxpayer shall remit to the City on the fifteenth day of
each month all collections of the tax for the preceding month ,
accompanied by reports on forms to be prescribed by the City
Manager .
( c ) As provided in Act No . 185 , the provisions of Act No .
386 of 1941 , as amended , together with the rules and regulations
thereunder , shall , so far as practicable , apply to the administra-
tion , collection , assessment and enforcement of the tax .
Section 2 . There is hereby created the City Advertising and
Promotion Fund , to which fund there shall be credited all collections
of the tax .
Section 3 . The City Advertising and Promotion Fund shall be
used , in the manner determined by the City Advertising and Pro-
motion Commission , exclusively for the advertisement and promotion
of the City and its environs and/or for the construction , main-
tenance , repair and operation of a convention center , including
the pledge of revenues therein to the payment of bonds issued
under Act No . 185 , as amended by Act No . 123 .
mr 97$ 31.4
MICROWR
DATE
DATE
REEL�1
AI
- 2 -
Section 4 . ( a ) There is hereby created the City Advertising
and Promotion Commission ( the " Commission " ) . The Commission shall
have the powers and duties prescribed by Act No . 185 , as now or
hereafter amended . The Commission shall be composed of seven
members as follows : Four members shall be owners or managers of
hotels , motels or restaurants ( or other establishments engaged in
the business of selling food for consumption on the premises ) ( the
" hotel and restaurant members " ) who shall be appointed by the
Mayor with the approval of the Board of Directors of the City,;
three members shall be the Mayor of the City and two members of
the Board of Directors of the City selected by the Board of
Directors of the City .
( b ) The hotel and restaurant members shall at the first
meeting of the Commission draw lots for terms of one to four
years ; all successors ( except those appointed to complete an
unexpired term) shall serve a term of four years .
Section 5 . All ordinances and resolutions , and parts thereof ,
in conflict , in whole or in part , with any of the provisions of
this ordinance are hereby repealed to the extent of such conflict .
Section 6 . The provisions of this ordinance are hereby
declared to be severable . If any provision shall be held to be
invalid or to be inapplicable to any persons or circumstances ,
such invalidity of inapplicability shall not affect the remainder
of the provisions of this ordinance .
Section 7 . It has been found , and it is hereby declared ,
that the City badly needs additional revenues for the advertising
and promotion of the City and for the development of a convention
center ; that this ordinance and the tax levied by it are the only
reasonable means available for the alleviation of these needs ;
and that the advertisement and promotion of the City and the
development of a convention center are essential to the continued
development of the City and to the welfare of the inhabitants
thereof . This ordinance , therefore , being necessary for the pre-
servation of the public peace , health and safety , an emergency is
declared to exist , and this ordinance shall be in effect from
and after its passage and approval .
PASSED AND APPROVED THIS DAY OF 1977 .
APPROVED :
a .. l r f/ r MAYOR
+� ,
ATTg
N
� CES: s^iaiC.iTE OF RECORD
e, '%.CITY CLERK
••• . • • ' State of Arkansas
" City of Fayetteville SS
), Dar'c^.e t ; ; "_-•oo!% City Clerk and Ex-
Ctfi^. o -:.. ✓ ; Lh % Ci' ; of Fayetteville,
yPn . : .. annexed or fore-
1 ^i:•;, : .: ::: . ' : , *_, :L%cd � �:; Che same
uPl;ear. iuA'<M ¢I.(td.I-ems hook
—� at pa(;c 11'Itcess my
lot) hand and scrl tLis .___�> - day of
19 ----
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City Clerk and Ex-Officio Recorder
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Records °
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STATE of ARKANSAS 1
County of
o[ Washington
o ,aeN lett �„ 1, "e — —"S H - hereby certify that I
O*Lolil) NANCE 1.Ec ns, A TAX am the Publisher of THE NOR 11 ARKANSAS TIMES, a daily
tf T11G GROSS RFCEIP'1'S OF
N a, MOTEM B£sTAr RANTS, newspaper having a second clean mailing privilege, and being not less than
,MFRS CAFE@:RIAS IN THE four pages of five columns each, published at a fixed place of business and at
iFSCRIRING THE
r,lt• ' 'n FOR rue COLLECTION a fixed (daily ) intervals continuously in the City of Fayetteville, County of
A 'o I<ENIENT of THE TAX; Washington, Arkansas for more than ap period of twelve months, circulated
fF l .N rF.S DERIVED RPOSEFOR and distributed from an established lace of business to subscribers and
IIII I OI' Ior 1N 'JAY BE
u• ,. iTIN, A c!TN A7Y readers generally of all classes in the City & County for a definite price for
c INR PRONO": rnN ('ON- each copy, or a fixed price per annum, which price was fixed at what is
IN I1 PRE (RCS C. t)THER
-11 < r: I PBRTA c THERETOi considered the value of the publication, based upon the news value and
\ .I • ".Riva" FMERGEN(`Y. service value it contains, that at least fifty percent Of the subscribers
: . : is. M FayMlevllb.
Ile rr I has Moly thereto have paid cash for their subscriptions to the newspaper or its agents
frer t-,-dors to the CHIP
or through recognized news dealers over a
oti r, mil &+ period of at least six months ;
r the W and that the said newspaper publishes an average of more than forty percent
del .r,ne,t or ...' .n news matter.
er nenerts to then o'y I further certify that the legal notice hereto attached In the matter of
dors not hast
Ne General
.. sora f ArsainAcst has
sti ------------------ - ---------------------------------------
--
I:•-I by Act No. I23 of
" ' ,. provldinx a means
P.cl ! can obtain the neenN was published In the regular daily issue of said newspaper for........... ....__.
Insertion as follows :
" IiELEF-ORR. BE IT OR-
By THE BOARD OF
r, TOBa of TICE CITY of The first Insertion on the --.. ---- day of -_Nlhv:�
I =T=ony:. ARKANSAS: __...-k
--- 19-.._ -�
,l ion 1. Thereis hereby hi
eMP,lice Anal 1. 'n-. v tax of one the second Insertion on the .. day of --._ __._-------- 19-------_-_
per rent (the "m<"1 upon Ne areae
rerehiq fern the renting. leasing or
mherwisr mhnlsbmg of hotel or meth the third Insertion on e
accommodations far Profit in the City
rtin the ...--.. --. day 0[ -.- ------ 19-_--__-.
', her noon
the gross receipts M
clrtec, cafetenas and all
.rn""r� rv('n ,h.hmems engaged In the and the fourth insertion on the - -.-----... - ._ _ __--.-
_.. day of ------------- 19-
,r.. Selling Ppared fpm for
roll ea
P ru re
Premises of Poch
hishmert in the City.
TI•e lax shell M collected from ----_
mlr( hapM or ,tler of the bpd or
; ' ,nmodarnnc by the Penson. thin, yG�
n-.+l a ,. a+ax i:nipa frost nr ¢stab [�^
,cher entiK or n'tlatecrr Pahue) Sworn to and subscribed before me on this ___ __._._..... day of ___---------
is
----_..; g such film or mrnishln r such
-
nmudnl.nns fthe •raaPA\el9. it"d 1
I,vpeuT =hat limit to the Clty
:lie rineeve, day of each Monte �Ltd 15
I cone,irons of the tax for the --
selling month, accompanied be
report, on forms to he prescribed by /
the ooh Manager ir-14KPdbIt'c
Yr� 'Q�
1c p•- s ri .I ,n Art No, 1" ted _-o',iimoos or Act No. sae Pr 1W1. s N
ended tovethe• with the rules and
:illations there,mdeL Shall so far as
„ ,..o . 1, there..ml nislral int.
ool ,m enmrreo,ent My Commission Expires :
Fees for Printing .-.-----
Cost of Proof _._..... .. _--t---------- ___-__
Total =.'1a:_ ----
n
e
l .._ unc ...-he be
1 Sinivn A The 71t1 Amertlaioe and
Promotion Fund shall be used, in the
manner determined by the City A&
ertisinf And Promotion rvwnmissinn,
zclos,xely for the advertisement and
promulion of the City and its environs
ardor for the construction, maintenance.
repair and operation of a convention
center. including the pledge of revenues
therein to the payment of bonds Issued
under Act No. 185, as amended by Act
No. 1Yt.
Section 4 1 The is
ted rot-mleepn
motels or restaurants (0 '0
establishments engaged in the businl
of selling food for consumption on Ip
premises) (the "hotel and restaurant
members") who shall be appointed by
the Mayor with the ayprnval of the
Board of Directors of the City; three
members strap be the Mayor of the
City and two members of the Board
of Directors of the City selected by
the Board of DUectora of the City.
(b) The hotel and restaurant metnherl
shall at the first meeting of the Can.
mission drew lots for terms of one
W four years; all successors (except
those appointed W complete an opens.
pire0 term) shall serve a term of four
years.
Section S. All ordinances and
resolutions, and parts thereof, in conflict.
In whole or In part, with any of rot
provisions of this ordnace an herebF
repealed to the extent 4 such conflet.
Section S. The provisions of this ory
dirarnee are hereby declared to be
severable. If any provision shall be held
W be Invalid or W be Inapplicable to
any persons or clrcmnstances, such
Invalidity of Inapplicability shell not
affect the remainder of the provisions
of this ordinance.
Section 7. It has been found, And
It is hereby declared, that Use City
boodle needs initial revenues for the
advert bing antl promotion or the City
and for he development of a t'otiventaso
renter; that this ordinance and the tax
le,,ied by it are in, only reasonable
means available for kite alleviation of
these reds; and that the advertisement
and promotion of the City and the
imn(,pment : h a c .on center are
nmv
essential to the continued development
in the City and to the is re of the
therefore. the rent. This orifinam e.
preservation
ren ex P for the
and Al lMn of the igen ' peace, realer
end eetal y'. an emergency p shall gedecle be
to exist. and ted= spa
In effect from and ager Ib passage
appr
and apprma,.
PASSEDrchst
APPROVED TIff9 1
DAY OF March, laTl.
APPROVED
Ernest A. I,an YOR
MAYOA
(Seal)
Attest
Dai Westbrook
CITY CLERK
1 Te 6