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Home My WebLink AboutOrdinance 3689 'FILED FOR RECORD ORDINANCE NO. flfl 26 An 1 ,,,3 AN ORDINANCE CALLING A SPECIAL VI&aM MIM CITY OF FAYETTEVILLE, ARKANSAS ONAFf 1ftLQMETMN OF LEVYING A ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS; PROVIDING FOR AN EXPIRATION DATE FOR SUCH SALES AND USE TAX OF JUNE 30, 2003 ; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY . WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City") has passed on March2,�zd 1993 , Ordinance No. 3688 providing for the levy of a one percent (I %) sales and use tax within the City (the "Sales and Use Tax"); and WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of the Sales and Use Tax; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That there be, and there is hereby called, a special election to be held on April 27, 1993, at which election there shall be submitted to the electors of the City the question of the levy of the Sales and Use Tax. Section 2 . That the question of levying the Sales and Use Tax shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square opposite the measure either for or against. FOR adoption of a I % local sales and use tax within the City of Fayetteville to expire on June 30, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n u AGAINST adoption of a 1 % local sales and use tax within the City of Fayetteville to expire on June 30, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n u Section 3 . That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections unless otherwise provided in Title 26, Chapter 75 , Subchapter 2 of the Arkansas Code of 1987 Annotated (the "Authorizing Legislation") and only qualified voters of the City shall have the right to vote at the election. 93 15104 . Page 2 Ordinance No. 3689 Section 4. That the results of the election shall be proclaimed by the Mayor, and his proclamation shall be published one time in a newspaper published in the City and having a general circulation therein, which Proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of publication. Section 5 . That a copy of this Ordinance shall be given to the Washington County Board of Election Commissioners so that the necessary election officials and supplies may be provided. A certified copy of this Ordinance shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical. Section 6. That the Mayor and City Clerk, for and on behalf of the City, be, and they are hereby, authorized and directed to do any and all things necessary to call and hold the special election as herein provided and, if the levy of the Sales and Use Tax is approved by the electors, to cause the Sales and Use Tax to be collected in accordance with the Authorizing Legislation, and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. Section 7 . That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8 . It is hereby ascertained and declared that there is a great need to establish a stable source of revenue to finance vital municipal services in order to promote and protect the health, safety and welfare of the City and its inhabitants. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of public peace, health and safety shall be in force and take effect immediately from and after its passage. PASSED AND APPROVED this 23rd day of March 1993 . APPROVED: /` By; llg vim Fred Hanna, Mayor . �•ATTfiST; _ By . Sherry.6ET. Thomas, City Clerk ` 93 15100 Alma rcCnoyer, Circuit C:ark and -c. cio ^�z:dc: for Washington County, l+:cmc„ do hereby certify that this in• ::cafe it c.-as f.:ad for record in my office c; ineic^.ted hereon and the some is now _uty recorded with the acknowledgement FICATE OF RECORD and cer;::imte thereon In Rocord Book and CEIYI l( rage at indicated thereon. State of Aerktn"s ( SS IN WITLESS WHEREOF, I have hereunto City of FIIyEt.tYYiHe set my hand and affixed the seal of said Ir Sherry ThOTnasr Citfor the Cler City �uf Court on the date Indicated hareem Officio recorderthe Alma Kolimoyer Fayetteville9 do hereby certify that MY annexed or toregrivy, is of record in arty nrcuuaarkand office and the sante appears in Ea-officio ocordx Ordinance & Re olli goes bz k FA rlyi':anu 'n3 e 3 S' P & all seal t ems — 19 City Cic-2: d ! x• Otf'c�a .fcx .oedat ORDINANCE NO. 9889 and supplies may be pro- AN ORDIINCE CAWNG vitled. A certified copy of A SPECUIL ELE ON IN this Ordinance shall also be THE. Or OP • AV ri provided to the, Commis-, VILLE, ARKANSAS ON stoner of Revenues of the STATE of ARKANSAS 1 THE QUESTION OF LEVY- State of Arkansas as soon J} ING A ONE PERCENT as practical. ss. SALES . AND USE TAX Section 6. That the Mayor County of Washington WITHIN THE CITY OF and City Clerk, for and on FAYETTEVILLE, ARKAN- behalf of the City, be, and SAS; PROVIDING FOR AN they are hereby. authorized EXPIRATION DATE FOR and directed to do any and SUCH SALES AND USE -all things necessary to Call , I, A-V l( A(�, 111. 140 hereby certify that I TAX OF JUNE 30. 2003: and hold the special eleo- am the publisher of E NOR WEST ARKANSAS TIMES, a daily newspaper PRESCRIBING OTHER tion as herein provided and. havinga second class mailing privilege, and being not less than four pages of five MATTERS PERTAINING if the levy of the Sales and g Pn g g P g THERETO; AND DECLAR- Use Tax is approved by the ' columns each, published at a fixed place of business and at a fixed (daily) intervals ING AN EMERGENCY. Electors. to cause the Sales continuously in the City of Fayetteville, County of Washington, Arkansas for more WHEREAS, the city council and use Tax to be collected than a period of twelve months, circulated and distributed from an established lace of the City of Fayetteville, in accordance with the Au- Per p Arkansas (the "City") has thoraing Legislation. and to of business to subscribers and readers generally of all classes in the City and County passed on March 23rd. ,perform all acts of what- 1993. Ordinance No. 3688 .ever nature necessary to for a definite price for each copy, or a fixed price per annum, which price was fixed providing for the levy of a - -- - — at what is considered the value of the publication, based upon the news value and ser- osa percent 11 %) sales hcarry out the authority <ort- t use tax within the City thee farted by this Ordinance. vice value it contains, that at least fifty percent of the subscribers thereto have paid "Sales and Use Tax : and Section 7. That an ordi- cash for their subscriptions to the newspaper or its agents or through recognized news WHEREAS. the purpose of nances and parts thereof in v dealers over a period of a least six months; and that the said news publishes an this Ordinance is to call a conflict herewith are hereby Pcr newspaper special election on therepealed to the extent of average of more than forty percent news matter. question of the levy of the such conflict. Sales and Use Tax: Section S. It is hereby as- 1 NOW THEREFORE, BE IT certained and declared that I further certify that the legal notice hereto attached in the matter of ORDAINED BY THE CITY there is 'a greet need c as- rn ^ /j. � ��/1 COUNCIL T THE CTI OF revenue h a stable source of al •,(1 9 F A V E T T E V I L L E , revenue s finance vital ARKANSAS: municipal services t order andSection he t. That there be, h promote and protect the was published in the regular daily issue of said newspaper and there i9 hereby wllad, health. safety and welfare P g y SP Per fm a special election to be held of the City and its inhabit- consecutive insertions as follows: on April 27, 1993, at which ants. It is, therefore, deo- tared then on emergency election there aFiall be sub- exists and this Ordinance The first insertion on the �� day of I W t4�i' I _ 19 mitted to the Electors of being necessary for the im- the City the question of the mediate preservation of levy of the Sales and Use public peace, health and the second insertion on the day of 19 Tax. safety shall be in force and Section 2. That the ques- take effect immediately tion of levying the Sales from and after its passage. the third insertion on the day of 19 and Use Tax shall be placed PASSED AND APPROVED on the ballet for the elec- this 23rd day of March, and the fourth insertion on the da o 19 tion in substantially the fol- 1993. y lowing form. Vote on measure by placing APPROVED: an ••X" in the square cppo- By: Fred Hanna. Mayor site the measure either for ATTEST: or against. By: Sherry L. Thomas Publisher / General Manager _ ' FOR adoption of a 1 % loran City Clark t sales and use tax within 77�� me city of FayaulLle to Sworn to and subscribed before me on this DV day of expire on June 30 . 2003.............. A3 AGAINST adoption of a 1 % local sales and use tax I_ !i > r�= within the City of Fayette- La- Y,I IG villa'to expire on June 30. 2003...................... Section 3. That the election x,7 ,1 0 2 1993 otary Public anent be held and Canvassed and and the results eclaredau and MIANICE DEPT. ma rasuna declared under i My Commission Expires: the law and in the manner now provided for el 'o lI —O elections unless otherwise herwi provided in Title 28. Chep- I - ter 75. Subchapter 2 of the - Arkansas Code of 1987 An- 1Q 1:.• - notated (the "Authorizing [77� 16 _Legislation") and Only guali- , Fees for Printing $ IJ • — , tied voters of the City shall have the right to vote at Cost of Proof $ the election. the That the results, of the election shall be pro Total $ 17 g . claimed by the Mayor, and his proclamation shall be published one time in a newspaper published in the City and having a general circulation therein, which Proclamation shall advise that the results as pro- claimed shall be conclusive unless attached in the courts within thirty days af- ter the date of publication, -tin 6. chat a copy of this Ordinance shall be gi- ven to the Washington County Board of Election Commissioners so that the necessary election oHiciaj_*_