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HomeMy WebLinkAboutOrdinance 4256 ORDINANCE NO. 4256 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF FAYETTEVILLE, ARKANSAS FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE i QUESTION OF AUTHORIZING AND LEVYING A CITY-WIDE ? r=ONE PERCENT (1 %) SALES AND USE TAX FOR A PERIOD � a i rn OF EIGHTEEN (18) MONTHS FOR THE PURPOSE OF PAYING o n rn a o A PORTION OF THE COST OF THE ACQUISITION, DESIGN, C'> M rn � 3 CONSTRUCTION AND EQUIPPING OF A PUBLIC LIBRARY, W WHICH SHALL INCLUDE PARTICULARLY, WITHOUT D M cl;V ::0 c, LIMITATION, LAND, A LIBRARY BUILDING, MEETING ?Z x ROOMS , FURNITURE, FURNISHINGS , FIXTURES, COMPUTERS AND RELATED EQUIPMENT AND SOFTWARE, BOOKS AND OTHER LIBRARY MATERIALS, PARKING FACILITIES, INCLUDING A MULTI-LEVEL PARKING DECK, LANDSCAPING AND ANY NECESSARY ROAD, DRAINAGE AND UTILITY IMPROVEMENTS THEREFOR; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fayetteville, Arkansas (the "City") is a city of the first class duly organized and existing under the laws of the State of Arkansas (the "State"); and WHEREAS, the City Council of the City (the "City Council") has determined that it is in the best interests of the citizens of the City to acquire, construct and equip a public library, as more particularly described in Sections 1 and 3 of this Ordinance (the 'Project"); and WHEREAS, the City Council has determined that the Project will cost approximately Twenty-three Million Dollars ($23,000,000) to complete; and WHEREAS, the City Council has determined that it is in the best interests of the City and the citizens of the City to pay the majority of the cost to complete the Project on a "pay as you go" basis through the levying of a city-wide one percent (1 %) sales and use tax (the "Special Tax") for a period of eighteen ( 18) months pursuant to Amendment 62 of the Arkansas Constitution ("Amendment 62") and Ark. Code Ann. §§ 14- 164-301 through 340 (the "Authorizing Legislation"); and WHEREAS, the City Council has determined that the remainder of the cost to complete the Project and any additional monies needed to enhance the Project can be raised from other sources, including, but not limited to, private and public grants, donations and appropriations; and WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the question of authorizing and levying the Special Tax for the purpose of accomplishing the Project under Amendment 62 and the Authorizing Legislation at a special election to be called for that Page 2 Ordinance No. 4256 July 5, 2000 purpose and to levy the Special Tax at the rate of one percent (1 %) on the receipts from sales at retail within the City of all items which are subject to taxation under the Arkansas Gross Receipts Tax Act of 1941 , as amended (Ark. Code Ann. §§26-52- 101 , et seg.), and the receipts from storing, using or consuming within the city tangible personal property under Arkansas Compensatory Tax Act of 1 ^49, as amended (Ark. Code Ann. §§26-53-101 , et seq. ). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . A special election shall be held on Tuesday, August 15, 2000. There shall be submitted to the electors of the City at the special election the question of levying a one percent ( 1 %) city-wide sales and use tax, pursuant to Amendment 62 and the Authorizing Legislation, specifically Ark. Code Ann. § § 14- 164-327 through 338, as amended, the proceeds of which shall be used for the purpose of paying a portion of the cost of the acquisition, design, construction and equipping of a public library, which shall include particularly, without limitation, land, a library building, meeting rooms, furniture, furnishings, fixtures, computers and related equipment and software, books and other library materials, parking facilities, including a multi-level parking deck, landscaping and any necessary road, drainage and utility improvements therefor. The tax shall not be extended or collected for a period in excess of eighteen (18) months. Section 2. That the new sales and use tax shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price from a single transaction. A "single transaction" is defined according to the nature of the goods purchased as follows: A. When two or more devices in which or by which any person or property is, or may be transported or drawn, including but not limited to on-road vehicles, whether required to be licensed or not, off-road vehicles, farm vehicles, airplanes, water vessels, motor vehicles, or non-motorized vehicles and mobile homes, are sold to a person by a seller, each individual unit, whether part of a "fleet' sale or not, shall be treated as a single transaction for the purposes of the sales and use tax. B. The charges for utility services, which are subject to the sale and use tax, and which are finished on a continuous basis, whether such services are 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 for the purposes of the sales and use tax. Page 3 Ordinance No. 4256 July 5, 2000 C. For sales of building materials and supplies to contractors, builders or other persons, a single transaction, for the purposes of the sales and use tax, shall be deemed to be any single sale which is reflected on a single invoice, receipt or statement, on which an aggregate sales (or use) tax figure has been reported and remitted to the State. D. When two or more items of major household appliances, commercial appliances, major equipment and machinery are sold, each individual unit shall be treated as a single transaction for purposes of the sales and use tax. E. For groceries, drug items, dry goods and other tangible personal property and/or services not otherwise expressly covered in this Section, a single transaction shall be deemed to be any single sale which is reflected on a single invoice, receipt or statement, on which an aggregate sales tax figure has been reported and remitted to the State. Section 3 . The ballot shall be in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION City of Fayetteville, Arkansas August 15, 2000 Vote on each question by placing an "X" in the square opposite the question either "FOR" or "AGAINST" : ❑ FOR a one percent (1 %) sales and use tax within the City of Fayetteville, Arkansas to be levied for a period of eighteen (18) months and pledged to pay a portion of the costs for the acquisition, design, construction and equipping of a public library, which shall include particularly, without limitation, land, a library building, meeting rooms, furniture, furnishing, fixtures, computers and related equipment and software, books and other library materials, parking facilities, including a multi-level parking deck, landscaping and any necessary road, drainage and utility improvements therefor. Page 4 Ordinarca No. 4256 July 5, 2000 ❑ AGAINST a one percent (1 %) sales and use tax within the City of Fayetteville, Arkansas to be levied for a period of eighteen (18) months and pledged to pay a portion of the costs for the acquisition, design, construction and equipping of a public library, which shall include particularly, without limitation, land, a library building, meeting rooms, furniture, famishing, fixtures, computers and related equipment and software, books and other library materials, parking facilities, including a multi-level parking deck, landscaping and any necessary road, drainage and utility improvements therefor. After payment of all of the improvements listed above, any surplus tax collections which may be accumulated shall be transferred to the general funds of the City, and shall be used for payment of maintenance and operation costs of the City's public libraries. Section 4. The City Clerk is authorized and directed to give notice of the election by one publication in a newspaper having general circulation within the City. Publication shall be made not less than ten (10) days prior to the election. Section 5. The election shall be held no earlier than thirty (30) days after the date of the adoption of this Ordinance. 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, and only qualified electors of the City shall have the right to vote at the election. Section 6. The Mayor shall proclaim the results of the election by issuing a proclamation and publishing the same one time in a newspaper having a general circulation in the City. The results as proclaimed shall be conclusive unless suit challenging the results is filed in the Circuit Court of Washington County, Arkansas within thirty (30) days after publication of the proclamation. Section 7. 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 the Ordinance and a map clearly showing the boundaries of the City shall also be provided to the Commissioner of Revenues of the State of Arkansas as soon as practical. Section 8. The Mayor and the 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 Special Tax is approved by the electors, to cause the Special Tax to be collected in accordance with the laws of the State of Arkansas, and to perform all acts of whatever nature necessary to carry out of authority conferred by this Ordinance. Page 5 Ordinance No. 4256 July 5, 2000 section 9. All Ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 10. Emergency. It is hereby ascertained and declared that there is an immediate need for the capital improvements described in this Ordinance in order to promote and protect the health, safety, and welfare of the City and its inhabitants, and that the improvements can be accomplished only by the levy and collection of the Special Tax. 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 enforced and take effect immediately from and after its passage. PASSED AND APPROVED this 5th day of July , 2000. APPROVED: By: //jAwle / Fred B. Hanna, Jr., Mayor ATTEST: �" By: /IOC/�LGu F AYE Cher Woodruff, City Cl f , t . � ` � A t CERTIFICATE 9 ARKANSAS ) — )ss: COUNTY OF ARKANSAS ) I, Heather Woodruff, City Clerk, within and for the City of Fayetteville, Arkansas do hereby certify that the foregoing is a true and correct copy of Ordinance No. 49 96 of the Ordinances of the City of Fayetteville, Arkansas, entitled: "AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF FAYETTEVILLE, ARKANSAS FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF AUTHORIZING AND LEVYING A CITY-WIDE ONE PERCENT (1 %) SALES AND USE TAX FOR A PERIOD OF EIGHTEEN (18) MONTHS FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF THE ACQUISITION, DESIGN, CONSTRUCTION AND EQUIPPING OF A PUBLIC LIBRARY, WHICH SHALL INCLUDE PARTICULARLY, WITHOUT LIMITATION, LAND, Page 6 Ordinance No. 4256 July 5, 2600 A LIBRARY BUILDING, MEETING ROOMS, FURNITURE, FURNISHINGS, FIXTURES, COMPUTERS AND RELATED EQUIPMENT AND SOFTWARE, BOOKS AND OTHER LIBRARY MATERIALS, PARKING FACILITIES, INCLUDING A MULTI-LEVEL PARKING DECK, LANDSCAPING AND ANY NECESSARY ROAD, DRAINAGE AND UTILITY IMPROVEMENTS THEREFOR; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY"; passed by the City Council of the City of Fayetteville, Arkansas, on July 5, 2000, said Ordinance now appearing of record in my Office. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6 th day of July, 2000. / D ' �� By: Heather Woodruff, City ClefV City of Fayetteville, Arkansas 0 NAME OF FILE: 4/ ym%�GCQ, CROSS REFERENCE: Date Contents of File Initials 740 ;Z '' 4 0 To: Honorable Mayor Fred Hanna and Fayetteville City Council From: Louis Gottsponer, President, Fayetteville Public Library Board of Trustees Louise Schaper, Library Director Date: June 27, 2000 Re: Request for a referendum for a 1 cent sales tax for eighteen months to fund a portion of a new Fayetteville library. We are writing to ask the Mayor and Fayetteville City Council to support and approve an ordinance authorizing a referendum for a 1 cent sales tax for eighteen months for the purpose of funding a portion of a new main library facility. Funding the library via the sales tax under Arkansas Statute 871 of 1985 provides some clear advantages over the property tax as a funding vehicle: 1 ) We will eliminate the need for a 30-year property tax millage increase to support the sale of bonds. This saves the citizens approximately $19M in costs associated with bonds including interest, bond insurance and cost of issuance. 2) The 1 penny temporary sales tax would be paid by anyone who shops in Fayetteville. 3) Because the sales tax generated $10,985,041 in 1999 and is estimated to generate $11 ,322,000 this year, we anticipate the library can be built on a pay-as-you-go basis without City indebtedness. Over eighteen months, the sales tax is likely to generate $16,477,561 based on the 1999 actuals or $16,983,000 based on the 2000 estimate. The project (i.e. turnkey), including most furnishings, computers and landscape, is estimated to cost $22.3M, leaving approximately $5M to $5.9M to raise via private donations or other government sources. To take advantage of two holiday shopping seasons, we need to aim for an October 1 start date for the sales tax. (Sales tax is initiated on a quarterly basis; the next start date is January 1 .) The October 1 start date will avoid any conflict with the sewage treatment plant project. To allow an October 1 start date, the referendum would need to take place on Tuesday, August 15. JUN-27-2000 TUE 03 ; 25 PM TYSON FOODS FINANCE DEPT FAX N0, 5012904061 Y, U2 Board of Trustees Louis Gottsponer, We, the Fayetteville Public Library Board of Trustees, authorize and President support a request to the Fayetteville City Council to approve an Michael H, Thomas, ordinance authorizing a referendum for a 1 cent sales tax for eighteen Vice-President months for the purpose of funding a new Fayetteville Public Library Richard Alexander, facility. Treasurer Steve Singleton, Secretary Passed unanimously by the FPL Board of Trustees at a regular meeting of the Board of Trustees on June 27, 2000 Lorraine Brewer Rev. Maurice Roberts Signed, Beverly Shaffer 4� Louis Gottsponer, President JLW27-2000 14 : 24 5012904061 P . 02 AUG-02-2000 15 : 43 N W A TIMES P . 13i16 STATE OF ARKANSAS may% 9 County of Washington } ss. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class P%C mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals �u continuously in the City of Fayetteville. County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice attached in the matter of was published in the regular daily issue of said newspaper for consecutive insertions as follows: The first insertion on the day at 20 G the second insertion on the day of 20 — the 0 —the third insertion on the day of 20 — C the fourth insertion on thE4isher/General ay of Manager Sworn to and subscribed before me on this — �f day ci turrauut 20� 0 b Vactngton o . fCS '( Nota Public Notary my Gym;.vision Ex nd• My Commission Expires �t ^.'cc<cc:cc<ucccuccccccacc_ Fees for Printing.......................................................3 LOS Costof Proof......................................... S ......... . . Total.............................._..........................................s 5 `'S