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:
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By: /IOC/�LGu
F AYE
Cher Woodruff, City Cl
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� ` � 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
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Manager
Sworn to and subscribed before me on this — �f day ci
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