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HomeMy WebLinkAboutOrdinance 4398 ORDINANCE NO, 4398 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF FAYETTEVILLE, ARKANSAS ON THE QUESTION OF LEVYING A ONE PERCENT SALES AND USE TAX WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS TO REPLACE THE ONE PERCENT SALES AND USE TAX EXPIRING ON JUNE 30, 2003 ; PROVIDING FOR AN EXPIRATION DATE FOR SUCH SALES AND USE TAX OF JUNE 3Q 2013 WHEREAS, the City Council of the City of Fayetteville, Arkansas (the "City") has passed on the 4`h day of June, 2002, Ordinance No. 4397 providing for the levy of a one percent ( 1 %) Sales and Use Tax within the City (the "Sales and Use Tax") to replace the one percent ( 1 %) Sales and Use Tax which expires on June 30, 2003 ; and WHEREAS, the purpose of this Ordinance is to call a special election on the question of the levy of this 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 the 23`d day of July, 2002, 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 1 % local sales and use tax within the City of Fayetteville to begin July 1 , 2003 to replace the current I % local sales and use tax. This replacement tax shall expire on June 30, 2013. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ AGAINST adoption of a 1 % sales and use tax within the City of Fayetteville to begin on July 1 , 2003, to replace the current 1 % local sales and use tax. This replacement tax shall expire on June 30, 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Ord . 4398 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. 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. t Q SED and APPROVED this the 4e day of June, 2002. APPROVED : By. r ! DAN COODY, Mayor FEST• By: v H ather Woodruff, City Cle c 0 • NAME OF FILE: Ordinance No. 4398 CROSS REFERENCE: 06/04/02 Ordinance No. 4398 04/09/02 Administrative Services Department Correspondence to Mayor Coody and the City Council from Ted H. Webber, Director of Administrative Services, regarding Special Election for a 1 cent Sales and Use Tax 05/07/02 Staff Review Form 06/05/02 Memo to Ted Webber, Administrative Services, from Heather Woodruff, City Clerk 06/13/02 Proof of Publication from the Northwest Arkansas Edition Arkansas Democrat Gazette NOTES: PUBLIC NOTICE A4ICROFILMED CITY OF FAYETTEVILLE, ARKANSAS PROCLAMATION OFFICE OF THE MAYOR OF THE CITY OF FAYETTEVILLE, ARKANSAS. TO THE PEOPLE OF THE CITY OF FAYETTEVILLE, ARKANSAS, GREETINGS: WHEREAS, a special election was held on July 23, 2002, which submitted the levying of a one percent (1 % ) local sales and use tax to the qualified voters of the City of Fayetteville, and; WHEREAS, the laws of the State of Arkansas require the Mayor of the City of Fayetteville to issue a proclamation of the results of such special election with reference to the local sales and use tax, such proclamation to be published one (1) time in a newspaper having general circulation in the city . NOW, THEREFORE, I, Dan Coody, Mayor of the City of Fayetteville, by virtue of the authority vested in me by law, do hereby proclaim the following to be the results of the July 23, 2002 special election as to the levying of a one percent (1 % ) local sales and use tax within the City of Fayetteville. For adoption of a one percent (1 % ) local sales and use tax within the city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,531 Against adoption of a one percent (1 % ) local sales and use tax within the city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 789 IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed this July 26, 2002. M DAN COODY, FROM WHO CLERK ( FRI ) JUL 26 2002 14 : 44 /ST . 14 : 44 /N0. 63 14 274255 P 2 FILED CERTIFICATE, OF WASHINGTON tb#KTa'S dW" O1•0 ELECTION COMMISSIONERS ASCERT N 1, I f AND DECI ,ARING RF.SUI,TS OF SPFCIAL SAIl�SrTIAv j HELD IN THF.. CITY OF FAYFT'"I'IsV1LLE, WASIl7>$�1F(hR � R. JULY 23, 2002 VIASWNG10N CO . ( • STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) We, die undersigned members of the Board of Election Commissioners of Washington Count.•• Arkansas, do herebc cenifi. that: Rctums of the votes of the special sales ax election on July 23. 2002 in the City of Fayetteville. Washington County, Arkansas lave been dchvcrcd to us b) the County Clerk We ascertain and declare the results of the election to be: On the question of the adoption of the 1% sales tax to replace the current I % sales tax: FOR 2531 AGAINST 789 We further certify that the polls were open from 7:30 A. M. until 7;30 P.M.. that only the duly appointed Election officials made duc returns of the votes cast, and that we have canvassed die votes as requimd by law. IN TESTIMONY WHEREOF, me have hereinto set our hands this 26 th day of Juh 2002. BOARD OFY.LECTION COMMISSIONERS A COUNTY. ARKANSAS luh Logan Burow, h:i an Tont Lundstnan. Member f Peter Loris. Member 67 FROM WACO CLERK ( FRI ) JUL 26 2002 14 : 44 /ST . 14 : 44 /NO. 6314274255 P 1 • WASHINGTON COUNTY STATE OF ARKANSAS Washington County Courthouse 280 North College Avenue, Suite 300 Fayetteville, Arkansas 72701 Telephone: (501 )444- 1711 MARILYN EDWARD$ COUNTY AND PROBATE CLERK (/fit / P DATE: FAX #: FROM: . 4 FAX #: 501 /444- 1894 Number of pages (including cover page) : COMMENTS : EAYETTEA LLE • � THE CITY Gff FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WFDTAKER, ASST. CrrY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor Heather Woodruff, City Clerk FROM: Kit Williams, City Attorney DATE: July 24, 2002 RE: Sales Tax Election - Post Election Requirements Congratulations on your successful efforts to obtain voter approval to pass the levying of a one-cent city tax for another decade. Now that 76 % of the citizens have reauthorized the city tax, we need to do the following things: 1 . Issue and publish the Mayor's Proclamation of the election results. It only needs to be published once in a local newspaper. I recommend you wait to obtain the certified election results from the Washington County Election Commission before publication. 2. Mail (Certified Mail with Return Receipt Requested) to the Arkansas Revenue Division (just like the sewer sales tax election) A. Map of City clearly showing city boundaries. B. Certified copies of the election and tax ordinances. C. Copy of Mayor's Proclamation of election results with Proof of Publication of the Proclamation. I would like to review this packet before it is sent to the revenue Division. I have attached the Mayor's Proclamation to this memo. NORTHVWST ARKANSAS EDITION Arkansas Dem®mrat W Gazette RECEIVED JUN 14 2002 AFFI AVIT OF PUBLICATION ccrG . oEPT //LI , do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: GNU �f43 l was inserted in the regular editions on / ORDINANCE NO. 4W Section 3. That me election AN OgDINANCE CALLING A shall be held d conducted and the SPECIAL ELECTION IN THE CITY OF vote canvassed and the results de- FAYEfTEVILLE, ARKANSAS ON 7HE Glared der the law and in the man- ** Publication Charge : $ / 9a . �o QUESTION OF LEVYINGAONE PEA- nor now provided fa munkipaled in 9 CENT SALES AND USE TA% W011N tions unlless othe wise provided in THE CITY OF FAYETTEVILLE, AR- TNe26, Chapter75, SI"198 tu2of KANSAS TO REPLACE THE ONE the d (theme Code o1 Legis Anno- PERCENT SALES AND USE TAX EX- Wted my qualified ing Legislationty Subscribed and swom to befor me this PIRING ON JUNE 30, 2003; PROVID. andonlyhavet the right oteaf the Gty ING FOR AN EXPIRATION DATE FOR shall have the right tc vote at the SUCH SALES AND USE TAX OF election JUNE 30,2013 Sedan h beMroclai the ed of d8 of 2002 . WHEREAS, the City Cadncll of the election a shall be proclaimed Ey Y the Maya, d his D� shall the City of Fayetteville, Arkansas(the be pub' one fire in a newspaper Gry� has passed on the 4th day of published in the City and having a June, 2002, Ordbenci No. 4397 pro- general circulation therein, which viding for the levy of a one percent Cclamalien shill adviie that the re- I1%) Sales d Use Tex witty the CNy suits As proclaimed shall be concdu- the 'Sales and Use Tax') to replace sive unless attacked In the courts the one potent (1%) Sales and Use within thirty days after the date of Tex which expires on June 30, 2003; pubGutiu. Notary Pub i and Section 5. ihateupy of ihls WHEREAS, the purpose of this Ordinance shell That given to the Ordinance is to call a the of election Washington County Board of Election on the question of the levy of this Commissioners so that the necessary M /+ Salm d Use Tax. election officials d supplies may be y Commission Expires: NOW, THEREFORE, BE IT OR- provided. Aunified copy ofthis OF DAINED BY THE CITY COUNCIL OF dinance shall also be provided to the THE CITY OF FAYETTEVILLE, AR- Commissioner of Revenues of the KANSAS: State of Arkansas as soon u precti- Section 1. That there be, and cal mere 13 hereby called, a special edec- Section 6. That the Maayyaanr d *' Please do not pay from Affidavit. tion to wh�dchnft2 tmhade sato July,I be City Clerk, for and on behall of the submitted to the electors or me City ed end and to do any dho- all An InVO1Ce WIII be Sent. the question of the levy of the Sands d Ism Tu the necessary W call d hold the SeWw2. Thatihequesticnof arpM�Jtheeletry of theIs rein provided Use the Sales d Use lax shall nd 1J1fiGia1 SeBi tax isapproved by the electors, to TAMMY ALLEN on the bakot fa me electro a cause the Sales and Use Tex to be tiodlY the collected in accordance with the Al� Notary ?1JbUo-Arkenses vo e u ream by an x morn ng L 'dation, end o Part= COUNTY in the square opposite the measure all acts ofalsva oatae necessary ehher for or against b��ry aul the authodb canlerted by M Commission Expires 11 OS2�t 1 FG l aeop on o a l% beat sales hs omnia ce. My and use tax wvhin the Ci y of Fay- Swbm7 That elladvtances etteville to begin July 1, 2603 to re- dehmarl m conal hith place the turn l% tical sales and are hereby repeated to the extent use tax. This replacement to shell of math conflict expo°onJae 30, 2013. PASSED and APPROVED this the RECEIVED � AGAINST within thefet% sates 4th day June, 20112.AP and use tax within the City of Fay- APPROVED etteviNe the egincurrent nt Ju 1, 2003, to YiFST COWY � replace the current 1 local sales A and use tax. This replacement tax Br Heather WowruN, CNy peck JUN 18 2002 M (} QJ shad expire an June 30.2013_ _ 7935671 N1L02 CITVCLEIiK'90FFIC_ !Cl' `�'l'"►, � Q�/" 212 NORTHEAST AVENUE as P.O. l P_� (te ZAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700 0 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS ADMINISTRATIVE SERVICES DEPARTMENT CORRESPONDENCE, To : Mayor, City Council From : Ted H. Webber, Director of Administrative Service Date : April 9, 2002 Subject : Special Election for a 1 cent Sales and Use Tax Background The City's current 1 cent Sales and Use Tax, used for both General Government and Capital Improvements, expires on June 30 , 2003. This tax was passed by the voters nearly a decade ago and the City depends heavily on revenue from this source to fund on- going City operations. During this time, we have collected over $84,639,000 in Sales and Use Tax Revenue. The most recent budget preparation cycle ended with the City dipping into its reserves to fund on-going General Fund operations for fiscal year 2002 by $ 1 ,897,349. The fiscal demands in year 2001 also required that $2 ,372,632 in reserves be depleted to fund on- going operations. As we look forward to preparing the City's budget for fiscal 2003, 1 see no revenue stream to fill these gaps. Indeed , to prevent further depletion of reserves for fiscal 2003, we may need to cut City services. Timing We are asking to proceed with the election for the Sales and Use Tax at this time because the current tax expires in the middle of fiscal year 2003. In order for the City to be able to prepare a revenue budget for the full fiscal year 2003 , we need to know what our revenue streams will be. This election is essential to the City being able to prepare this revenue budget for fiscal 2003. Our budget process for fiscal 2003 will be initiated during August of this current year. Attached is an ordinance for City Council's consideration that calls for a special election to be held during the month of July to allow voters to approve this Sales and Use Tax. STAFF REVIEW FORM _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF May 7, 2002 MAYOR'S APPROVAL FROM: Ted Webber Administration Administrative Services Director Name Division Department ACTION REQUIRED: An Ordinance calling for a Special Election in the City of Fayetteville on the question of levying a one percent Sales and Use Tax within the City of Fayetteville, to replace the one percent Sales and Use Tax expiring on June 30, 2003 and providing for an expiration date for such Sales and Use Tax of June 30, 2013. COST TO CITY: ik 12,0 Do csAr- 2S , o00 Cost of this Request Category/Project Budget Category/Project Name to to - Irlo - V% I1 - oo 91g9 Cr u le Account Number Funds Used to Date Program Name I S , -)- O 1 6"O"t_ Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached udget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: "Inte ccor g Mama er Date Date 5 O2 Ci ay t ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date �/ New Item: 1 eS No D rtment hector Date �7 v Previous Ordinance/Resolution No.: Astrativ "ices ec[or D [ ayor to FAYETTEVILE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ted Webber, Administrative Services From: Heather Woodruff, City Clerk 77 Date: June 5 , 2002 Please find attached a copy of Ordinance No. 4398-02. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Stephen Davis, Budget & Research Marsha Farthing, Accounting Kit Williams, City Attorney Jun - 21 - 02 08 : 15A Washington Co _ ElQC Comm 501 444 1766 P . 02 IM-11-M01 1410 FROM Hl)• TO 5:•,IBAAO.P.N1 CITY OF FAYETTEVILLE SPECIAL ELECTION WASIIIIWTM COUIM CM OF FAVETTEVO.LE JULY 23, 7001 "MUCTIONS TO VOTER 1.70 VOTE YOU MUST BILACKENTHE OVAL ( m ) QOMPLETELV NEXT TO YOUR CHOKE. 2. USE ONLY THE PENCIL PROVIDED. 3RAMR VOTING, DEPOS• THE BALLOT IN THE ALLOT BOX BALLOT S►UB IN STUB BOX. TME OUFSTIONOF LEVYING A 011IF Pf RCFM 91LLFA AND USE TA% TNIN TME ' CITY OF FAYE7- T VILLE. ARKANSAS TO REPLACE E ONE PERCEM SALES AND E TAX EXPIRING ON JUNE 30, PRONTE GING FOR AN EXPOW GFOR BUG/ SALES AND TAX 01 JIPIi a0. 0D13. 1=0 FOR ADOPTION OF A Ix LQCAL SALES AND USE TAX VttTMIN THE GTY OF FAYETTEVILIE TO JULY 1, SOW, TO REPLACE T cUARENT 1% LOCAL SALES I AND USE TRI(. THIS REPLACEMENT I TAX MWX EXPIRE ON JUMC X 2U1a. o AGAINST ADOPTION OF A flp LOCAL CALEB AND USE UX WIMINTNE CITY OF fAYETTevAlE TQ BEGIN ON JULv 1. Ruo. Tb RSPIALE TNN CURRENT 1% LOCAL S AND USE TAX. THIS FLACEMEM TAX SHALL EXPIRE JVNE 50. 101]. O TOTAL P. A1