HomeMy WebLinkAboutOrdinance 3065 • v
ORDINANCE N0. 3065 FILED
MICROFILMED FOR RECORD
AIN N ORDINANCE AUTHORIZING
B1ONDSSSiNDDERR NCE AMEN AMENDMENT 6b1 Ply SO
TO THE ARKANSAS CONSTITUTION FOR THE PURPOSE OF
CONSTRUCTING IMPROVEMENTS TO THE CITY ' S TSI; N C0IJNT �
TREATMENT PLANT AND SEWAGE SYSTEM ; LEVYINYLWi. AR
LOCAL SALES (GROSS RECEIPTS ) AND USE TAX TOT LN EYF. ;3
SAID BONDS ; CALLING AND SETTING A DATE FOR A SPEC�ZT CLERK
ELECTION TO REFER TO A VOTE OF THE PEOPLE THE
QUESTION OF ISSUING SAID BONDS TO BE SECURED AND
REPAID FROM THE PROCEEDS OF SAID TAX ; AND FOR
OTHER PURPOSES .
BE IT ORDAINED BY THE BDARD OF DIRHCIORS OF THE CITY OF FAYErrEVILLE ,
ARKANSAS:
Section 1 . ( a ) The Board of Directors hereby authorizes the
issuance of capital improvement bonds under Amendment 62 to the Arkansas
Constitution in an amount not to exceed $ 28 , 000 , 000 for the purpose
of constructing improvements to the City ' s wastewater treatment plant
and sewage system.
( b ) The Mayor is hereby authorized to execute a trust indenture
which defines the rights of the owners of the bonds and provides for
the appointment of a trustee for the owners of the bonds .
Section 2 . ( a ) To retire the aforesaid bonds , but subject
to the limitation prescribed by paragraph (b ) of this section , there
is hereby levied a local sales (gross receipts ) tax at the rate of
one percent ( 18 ) on the receipts of the sale at retail within the
City of Fayetteville , Arkansas , of all items which are subject to
taxation under the Arkansas Gross Receipts Tax Act of 1941 , Act 386
of the 1941 Acts of Arkansas , as said Act has been heretofore or may
be hereinafter amended ; and that there is hereby imposed an excise
tax on the storage , use , or other consumption within the City of tangible
personal property purchased , leased , or rented from any retailer from
outside the state for storage , use , or other consumption in the City
at a rate of one percent ( 1% ) of the sale price of the property or ,
in the case of leases or rentals , of said lease or rental price , which
tax shall be collected according to the terms , procedures and regulations
of the Arkansas Compensating Tax Act of 1949 , Act 487 of the 1949
Acts of Arkansas , as said Act has been heretofore or may hereinafter
be amended .
( b ) The aforesaid sales and use tax shall be levied and collected
only to a maximum tax of $25 . 00 on each single transaction , and vendors
shall be responsible for collecting and remitting the tax only to
the maximum of $25 . 00 for each single transaction . Vendors collecting ,
reporting , and remitting said taxes shall show said taxes as a separate
entry on the tax report form filed with the Commissioner of Revenues .
(c ) The term "single transaction " shall be defined according
to the nature of the goods purchased , as follows :
( 1 ) When two or more devices in which , upon which , or by which
any person or property is , or may be , transported or drawn ,
including but not limited to on-road vehicles , off-road
vehicles , or farm vehicles , whether required to be licensed
or not , airplanes , water vessels , motor vehicles , or non-
motorized vehicles , or mobile homes , are sold by a seller ,
each individual unit , whether part of a "fleet " sale or
not , shall be considered a single transaction .
( 2 ) Charges for utility services which are furnished on a continuous
service basis , whether paid daily , weekly , monthly or annually ,
shall be computed in daily increments , and each such daily
charge increment shall be considered to be a single transaction .
w �
BOOK WIPAA69
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The total amount of the city sales and use tax of each billing
cycle may be computed as the lesser of either one per cent
( 18 ) of the total charge for the billing cycle , or $25 . 00
multiplied by the number of days in the billing cycle .
( 3 ) For sales of building materials and supplies to contractors ,
builders , or other persons , a single transaction shall be
considered to be any single sale made on a single day which
is reflected on a single invoice or receipt on which an
aggregate sales or use tax figure has been reported and
remitted to the State .
( 4 ) When two or more items of major household appliances , commercial
appliances , major equipment or machinery are sold , each
individual unit shall be considered to be a single transaction .
The total amount of the city sales and use tax due may be
conputed as the lesser of either one per cent ( 18 ) of the
total amount of the invoice , or $25 . 00 multiplied by the
number of individual units listed on the invoice .
( 5 ) For groceries , drugs , dry goods and other tangible personal
property and/or services not otherwise expressly covered
hereby , a single transaction shall be deemed to be any single
sale on a single day which is reflected on a single invoice
or receipt on which an aggregate sales tax figure has been
reported or remitted to the State .
Section 3 . That a special election be , and the same is hereby ,
called to be held in the City on the 19th day of March , 1985 , at which
election there will be submitted to the electors of the City the question
of issuing the aforesaid bonds to be secured by the levy and collection
of the aforesaid tax .
Section 4 . That the question shall be placed on the ballot
for the election in substantially the following form:
There is submitted to the qualified electors of the City
of Fayetteville , Arkansas , the issuance of $ 28 , 000 , 000 in capital
inprovement bonds under Amendment 62 to the Arkansas Constitution ,
or such lesser amount as shall be determined to be issued by
the Board of Directors of the City , for the purpose of constructing
inprovements to the City 's wastewater treatment plant and sewage
system, to be secured by the levy and collection of a 18 local
sales and use tax within the City to be levied and collected
to a maximum of $ 25 . 00 on each single transaction , the proceeds
of which shall be pledged to pay the principal of , interest on ,
and fees and expenses in connection with said bonds .
Vote on the question by placing an "X" in one of the following
squares , either for or against :
FOR bond issue in amount of $28 , 000 , 000
AGAINST bond issue in amount of $ 28 , 000 , 000
Section 5 . That the election shall be held and conducted
and the vote cast and the results declared in the manner provided
for by the implementing legislation for Amendment 62 and the election
laws of the State as then in effect . Only qualified electors of the
City shall have the right to vote at the election .
Section 6 . That the results of the election shall be proclaimed
by the Mayor . The Mayor ' s Proclamation shall be published one ( 1 )
time in a newspaper having general circulation in the City .
BoodflIPAGE3070
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Section 7 . That a certified copy of this ordinance shall
be furnished to the Washington County Board of Election Commissioners ,
to the Commissioner of Revenue of the State of Arkansas and to the
Treasurer of the State .
Section 8 . That in the event a majority of the qualified
electors voting on the question vote for the issuance of said bonds ,
the tax provided by S2 of this ordinance shall become effective , enforce-
able , and collectible on the first day of the first calendar month
subsequent to the expiration of thirty ( 30 ) days from the date of
the Mayor ' s Proclamation of the results of the election .
Section 9 . The aforesaid sales and use tax shall be levied
and collected until the bonds as authorized in this ordinance shall
have been retired in full , at which time the aforesaid sales and use
tax shall no longer be levied and collected .
Section 10 . The Board of Directors hereby determines that
the City of Fayetteville is in dire need of additional capital funds
to provide essential improvements to the City ' s wastewater treatment
plant and sewage system ; that an appropriate way to provide such funds
is by the levying of a sales and use tax on the gross receipts from
businesses within the City and by the issuance of bonds payable from
such tax revenues as authorized by Amendment 62 to the Arkansas Consti -
tution and the implementing legislation therefor ; and , that this ordinance
shall be given immediate effect so that the essential improvements
to the City ' s wastewater treatment plant and sewage system may be
constructed as soon as possible . 'Therefore , an emergency is hereby
declared to exist and this ordinance being necessary for the immediate
preservation of the public health , safety , and welfare shall be in
full force and effect from and after its passage and approval .
PASSED AND APP%NED this 5th day of February 1985 .
i
��. APPRO
Q
an ,Y ' .` . f By : vto;e�
Mayor
� J ,
ATTEST
CERTIFICATE OF RECORD
BY; pgArqq ~ ,12K (�(q State of Arkansas ( SS
1 Jerk City of Fayetteville
7 I, Suzanne C. Kennedy, City Clerk an-1
Ex-Officio recorder for the City of Fayettevili,
do hereby certify that the anne;;cd or forc-
going is of record in my ofiice and the same ap-
Jpears in Ordinance fa Resolution book
X X at page— )' Witness my
ffianH •anH s a t ' y of
CERTIFICATE OF RECORD 9
. 'E OF ARKANSAS -SS. Clerk and fficio Record
iwgton Cocn!v
L . K-9 Circuit CI^rk and Ex-Officio Recorder for
or. co-in y, s � hlrrby ?z 'Zy 'ho+ the mnr xcd oriore.
w,: i led for record in nyvr..1, ce on th. May
1 :) 5a` ,5Q;'^loclT ,.1. .ln"I,. ^ ,neis
u
rrJrd in re�ord3) tp:. -e_.il�
!�i hand and seal thi/s1�t1V day of 4 19
By �OCircuit Clerk and 1131 371
^' ecoE;o(1K PAGE
ffi Rrded.
Deputy Clerk �—
ORDIMANCKNO. 0M5 "property Is.. or. may b6, '. Vote on the aueatbn by P ae- ;
AN ORDINANCE AUTHORSZ- transported or drawn, . in- Ing an ••X" In one of the follow- ;
ING THE. ISSUANCE OF cludingbut not limited to on- Ing'. Squares, either for or
$24,000400 IN CAPITAL IM- road venicl@%. off-road vehi• against:
' P R O V E M EN T BONDS clan, W farm venicle0. whether FOR bond Issue in amount of j
UNDER AMENDMENT 62 TO required to be licensed or not, Sn,000,000= STATE of ARKANSAS
THE•ARKANSAS CONSTITU- airplanes, water vessels, AGAINSt bond issue In I as.
TION ' FOR THE PURPOSE motor vehicles, or non-; amount of 424,000,000— i
OF CONSTRUCTING IM- motorized vehicim W mobile Section S. That the HeHion'1 County of Washington
PROVEMENTS TO THE CI- homes, are sold by a seller, shall he- hold and conductedll
T Y ' S WASTEWATER tach individual unit, whether and the vote cast and the .
TREATMENT 4PLANT AND part of a "fleer• set@ or not, resulfo declared in the manner j 'n i/YA�T�
SEWAGE SYSTEM;, LEVY ' shall be considered a single provided for by, the implem m- 1 ] �/�' �•N�Y% / hereby certify that 1
ING A .1% LOCAL SALES transection. : ting legislation for Amendment '
i (GROSS RECEIPTS) AND (2)' Charges for utility ser- 62 and the election lava at the I am the publisher of THE NORTHWE ARKANSAS TIMES, a daily newspaper
USE TAX. TO RETIRE SAID vices which ere furnished on a State as than m effect. only- having a second class mailing privilege, and being not less than four pages of '
BONDS; CALLING AND SET- continuous service basis,, qualified electors of IN City
TING A DATE FOR A whether paid daily, Weekly, shall nave the right to vote of ' five columns each, published ata [lied place Of business and eta flied (daily )
SPECIAL ELECTION TO monthly or annually, shell be theelectimIntervals continuously in the City of Fayetteville, County of Washington, Arkansas
REFER TO A VOTE OF THE computed in daily increments, Section 6. That me results of for more than a period of twelve months, circulated and distributed from an f
PEOPLE THE QUESTION OF and each such dally charge In-` it* electlon shall be proclaim. ft
I established place of business to subscribers and readers generally of all classes
ISSUING SAID BONDS TO BE crement shall be considered to' ad by the Mayor. The Mayors ' I
SECURED AND REPAID be a single transaction. Proclamation snail be publish. + In the City and County for a definite price for each copy, or a fixed price perFROM THE `I
{I
SAID TAX; ND OR OTHER sales anDS OF The d use tax Off eachount "Hilt it ty ha y�g �generall crcolae�p In-. 1 annum, which price was fixed at what is considered the value of the publication,
PURPOSES. cycle may be computed as Me th@City. " , + based upon the news value and service value it contains, that at least fitly percent
BE IT ORDAINED BY THE lesser of either one per cent-
Section 7. That a certified '; ( of the subscribers thereto have paid cash for their subscriptions to the newspaper
BOARD OF DIRECTORS OF- '(1%) Of the total charge for the" copy of this ordinance shall be I
THE CITY OF FAYET- billing cycle, or $25.00 furnished to the Washington ! I or Its agents or through recognized news dealers over a period of at least six
TEV ILLS, ARKANSAS: multiplied by rhe number.. Of , County Board of Election I months; and that the said newspaper publishes an average of more than forty
Section 1. (al The Boardbf clays lnMebillingCYcle. � Commissioners, to the Cam-
• rcent news matter.
Directors .hereby., authorizes, (2) For sales of building.me- . missloner of Revenue of thece
the Issuance of capital Im. terlals and supplies to contrac- • State. of. Arkansas and to the
provemenr bonds under IM, builders, W other Persons, - Treasurer of the state.. I further certify that the legal notice hereto attached In the matter of
Amendment 62 to the Arkansas. a single transaction shall be Section e. That in the event •
Constitution In an amount rot conslderedto beany shpiesale. majority of the qualified eloca
to exceed 524,000,000 for, the made On a Single day Which is. tors Voting on the question vote- _ zn /
purpose of constructing. im-_ reflected on a single invoice W for the issuance ol Said bon" !
..� �{� �� e.¢i �� . !./I'JN�
'prdvementS to 1M• City't • receipt wNrnldl an aggregate. the tax Provided by $2 of this•
wastewater treefment plant selea W use tax figure has beenordinence $hall become o fee- + n
and sewage system-. - reported and .moo to the five,O. fm ceaab e, a o the HK S � ( was published in the regular daily issue of said newspaper for
(b) The Mayor 16 ' hereby State. ' lb!
authorized to n0Cuta a trust 1/) When two W more Items` calendar month subsequent to consecutive insertions as follows:
Indenture . which distinct -the of or apPllano the expiration of thirty (20) ? � � � � �
rights of the owners ofm
the comerclal appliances, major days from the data of the I C=2' U1
bona an provides for the ap- equipment W machinery -am- Mayor's Proclamation of the The first Insertion On the / da}' Oi 9 �—
poMtment of a trustee for the Sold, each Individual unit Shelf' ' results of theelection. I
owners at the bands. be considered to be a single, Section9. Theafornald "Ies t
Section 2. (b) ' To retire the transaction. The total amount, and use tax shall be levied an the second Insertion on the day of 19
aforesaid bonds, but sublect to of the city setas an usetax due' collected until the bonds as t
the limitation prescrlbeda by may be computed as the lesser' authorized in this ordinance
paragraph (b) of this section, of elther one per cent (1%) of Shall have.been retired In full, the third Insertion On the day Of 19
them is hereby levied a local the total amount of the invoice„ at which time the aforesaid t
safe (gross• recelpts) tax at -or $25.00 multiplied by the. sales and use tax ' shall no ! and the fourth Insertion on the — dav of 19
the rate of onto percent (1%) on number - of individual 'units' longer be levied an collected.
the receipts of the salt el,retall listedon the Invoice. Section 10. The Board at
within the City of Fay6ttavllia. (5) For groceries, drugs; dry Directors hereby determines
Arkansas, of all Items , which ' goods and other tangible per- that the City of Fayetteville Is '
W* Subject. to taxation under sonal property and / W Ser- In dire need of additional capl- i
the Arkansas Gross Receipts vita not otherwise expressly tal funds to 'Provide essential i Sworn to and subscribed before me on this day of
Tex Act of Ar Act 386 Of the covered hereby, a single roan- Improvements to Mt CifY•a
1961 Acts a Anansaf, es Lid any sin le s e n deemed -to ae - wastewater treatment Plant ' !
Act ns, Wen heretofore W may any h Is axle reflected a single day and sewage system; mat- de
th naeom 12 er emailed; an which Is ceipt n a single such fund to way to provide-
that there H hereby imposed e, Invoice te receipt an which an sato funds is by the levying of a
exctss lax w1, int storage, use, aggregate Sales foY }figure has galea antl. Usti on the gross —
W other consumption within been reported or remitted to receipts from businesses
Notary ublic
• the pCityroper"
at chased, personal the State. - within the Clty and by int Ia-
property purchesed, leased, W Section ]. That a special eleC- suaile• ot Oona payable from
ranted from any. retailer from non be, and the same is hereby, such tax revenues as authoriz My Commission Expires:
outside the state for stprager called to be held in the City on ad by Amendment 62 to the
use, or other COIOumptionn in the 19th day of March, 1945, at Arkansas Constitution a
M re 1_ g
the Cal a rate of one percent Which election theWill be implementing legislation i
(1%)' of the sale price of the submitted td theelectorS ol the therefore and, that this orad' + ------
' property W, In the cant of City the question of Issuing Ina nonce shelf be given im ,
+ losses or rentalI6 of fold least aforesaid bonds to be secured mediate effect se that thel
or rental prig, which tax Shall by the levy and collection of the essenti6l Improvements to the
be collected according to the aforeseldtax. I Citys wastewater treatment, 1 1
terms, procedures and regula• Section a. That the question plant and sewage aystem.mayr A, O
Ilona of the Arkansas CompM- shall be placed on the ballot for be constructed a6 sown as f Fees for Printing
sating Tax Act of 1949, Act Y7 the elecllon In Substantially 4{ the possible: Therefore, ant
0 es
of the 19Acta of Arkansas, fonowingform: , emergency IS hereby declare0.
Mre aid Act s been heretofore W TheIs submitted 10toe • to exist and this ordinance be- ? Cost of Proof —_ S ._
{ may hereinafter be amended. Qualified electors Of the City of, log necessary for the Im• -
11ff (b) The aforesaid seta and Fayetteville, Arkansas, the b-.• mediate Preservation of the,
Use tax skarl be levied and col* Suance of 524,000,000 In capital public health, safety, and
Total
Itched only to a maximum tax Improvement; bonds under welfare (hall be in full force+
of MOO on each single fran• Amendment 62 to the Arkansas and affect from and after 1*4
Section, and vendors Nag be Constitution, Of such 102501' passage and approval..
responsible for collecting' and, amount as shall be determined. PASSED -AND APPROVEDii
remitting the tax why t0. the to be Inued by the Beard of mlaSth day w February; INS. `3
I maximum of 525.00 for each Directors of the City, for the - APPROVED +
single transaction. Vendors• purpose, of;. constructing im• BY: Paul R. Noland 1'
Collection, reparttna, and provements?.fo the City's - Mayor
remitting show . !
mitting taxshall waet@Watel: troplant
almen/ plant ATTEST 1111
fold taxes n a separate entry and savage system, to be By: Suzanne Kennedy 1
1 on rho tax report form filed mcumd by the levy and collet . City Clerk
with the Commisslaller of Rau- tion ofa 1% local seta and use
(
"un. tax within the City to be levied,
S (c) TM form "single tran- an collected to a maximum oil
faction" Shen be defined ac- $23.00 an each single frensec+ �.
cording to the nehn of the. tion; int procesde of which4 -
goods Purchased, ea follows: $hall be pledged to pay the
( 1) When two of more principal of, Interest . on, MQj
dovlces in which& opal which, fest and "Penses in_'
en
W by Which yu0snwn. or tion With MIdband< +
? W